Living trust requirements

New York

What you need to create a valid revocable living trust in New York.

Notarization

Conditional

acknowledgment before notary OR two witnesses

Witnesses required

2

New York requires witnesses

Community property

No

Online notary

Authorized

Since 2021

Execution requirements

✓

Execution: acknowledgment before notary OR two witnesses

Trust must be in writing and either acknowledged before a notary OR signed before two witnesses (EPTL 7-1.17)

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Witnesses — 2 required

New York has specific witness requirements for living trust execution.

✓

Written and signed by settlor

The trust document must be in writing and signed by you (the settlor) while of sound mind and at least 18 years old.

New York-specific notes

•Unless the settlor is also the sole trustee, at least one trustee must also execute and acknowledge the trust instrument (EPTL 7-1.17)
•Both execution paths are equally valid — acknowledgment (notary) is typically more convenient

Funding the trust

Creating the trust document is only the first step. The trust only controls assets that have been formally transferred into it.

  • •Real estate: Execute a new deed in New York naming the trust as owner, then record it with the county
  • •Bank & brokerage accounts: Contact the institution to retitle the account to the trust
  • •Vehicles: Contact the New York DMV to transfer the title
  • •Life insurance & retirement accounts: Update beneficiary designations (these pass outside the trust)
Remote online notarization: New York authorized RON in 2021. You may be able to have your trust notarized via video conference through an approved RON provider.

This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in New York for guidance specific to your situation.

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