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State rules · New York

New York: estate, probate and Medicaid rules in one place

What applies in New York, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does New York have a state estate tax?

State estate tax: Yes (N.Y. Tax Law § 952 (imposition & rate table; basic exclusion amount and cliff at § 952(c))). Estate-tax exemption: $7,350,000 (N.Y. Tax Law § 952 (imposition & rate table; basic exclusion amount and cliff at § 952(c)); 2026 deaths). Estate-tax top rate: 16% (N.Y. Tax Law § 952 (imposition & rate table; basic exclusion amount and cliff at § 952(c)); 2026 deaths).

Does New York have an inheritance tax?

Inheritance tax: No (N.Y. Tax Law § 952 (imposition & rate table; basic exclusion amount and cliff at § 952(c))).

Can you use a transfer-on-death deed in New York?

Transfer-on-death deed for real estate: Available — Transfer-on-death deed. N.Y. Real Prop. Law § 424 (transfer on death deed) — verify the current section on the New York State Senate's laws site

What is the Medicaid look-back period in New York?

Look-back period: 60 months for institutional nursing-facility transfer review (New York State Department of Health GIS 14 MA/016; Effective January 1, 2014; directive dated August 5, 2014).

Does New York tax Social Security benefits?

Social Security benefits: Exempt (Information for retired persons).

State estate tax

Estate-tax dataset 2026.v2

Estate-tax exemption
$7,350,000Verified

Source: N.Y. Tax Law § 952 (imposition & rate table; basic exclusion amount and cliff at § 952(c)) · Effective: 2026 deaths · Checked July 18, 2026

Estate-tax filing threshold
$7,350,000Verified

Source: N.Y. Tax Law § 952 (imposition & rate table; basic exclusion amount and cliff at § 952(c)) · Checked July 18, 2026

Estate-tax top rate
16%Verified

Source: N.Y. Tax Law § 952 (imposition & rate table; basic exclusion amount and cliff at § 952(c)) · Effective: 2026 deaths · Checked July 18, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Transfer-on-death deed

Transfer-on-death deed for real estate
Available — Transfer-on-death deedNot primary-verified

N.Y. Real Prop. Law § 424 (transfer on death deed) — verify the current section on the New York State Senate's laws site

· Checked July 26, 2026

Controlling statute
Not primary-verified

N.Y. Real Prop. Law § 424 (transfer on death deed) — verify the current section on the New York State Senate's laws site

· Checked July 26, 2026

Small-estate procedure

Qualification and timing
$50,000 gross personal property; exempt set-aside property excluded; no death-date waiting periodVerified

Source: N.Y. SCPA §§ 1301 and 1304 · Effective: current · Checked August 23, 2026

Priority after a will is filed
Named executor or alternate has 30 days after the will is filed before another eligible adult may qualifyVerified

Source: N.Y. SCPA § 1303 · Effective: current · Checked August 23, 2026

Fiduciary powers and duties
Voluntary administrator is an estate fiduciary; pays expenses and debts, distributes, and files an accountVerified

Source: N.Y. SCPA §§ 1306 and 1307 · Effective: current · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

SSI-related Medicaid income level
$1,836 per monthVerified
  • Applies to: one-person household; nursing-facility applicants may contribute excess income as net available monthly income.

Source: New York State Department of Health GIS 26 MA/05 Attachment I · Effective: 2026 Medicaid income and resource levels effective January 1, 2026 · Checked September 2, 2026

Institutionalized-spouse personal-needs allowance
$50 per monthVerified
  • Applies to: institutionalized spouse; this is an allowance, not an eligibility cap.

Source: New York State Department of Health GIS 26 MA/05 Attachment I · Effective: 2026 Medicaid income and resource levels effective January 1, 2026 · Checked September 2, 2026

SSI-related applicant resource level
$33,038Verified
  • Applies to: one-person applicant or institutionalized spouse.

Source: New York State Department of Health GIS 26 MA/05 Attachment I · Effective: 2026 Medicaid income and resource levels effective January 1, 2026 · Checked September 2, 2026

Community-spouse resource allowance
$74,820 state minimum to $162,660 maximumVerified
  • Applies to: institutionalized applicant with a community spouse; actual allowance depends on assessed resources and adjustments.

Source: New York State Department of Health GIS 26 MA/03 · Also: New York State Department of Health GIS 26 MA/05 Attachment I · Effective: Community-spouse and home-equity standards effective January 1, 2026 · Checked September 2, 2026

Community-spouse monthly maintenance-needs allowance
$4,066.50 per monthVerified
  • Applies to: institutionalized applicant with a community spouse; New York states this single statewide maximum allowance.

Source: New York State Department of Health GIS 26 MA/03 · Also: New York State Department of Health GIS 26 MA/05 Attachment I · Effective: Community-spouse and home-equity standards effective January 1, 2026 · Checked September 2, 2026

Home-equity limit
$1,130,000Verified
  • Applies to: applicant subject to New York's substantial-home-equity rule.

Source: New York State Department of Health GIS 26 MA/03 · Effective: Community-spouse and home-equity standards effective January 1, 2026 · Checked September 2, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months for institutional nursing-facility transfer reviewVerified

Source: New York State Department of Health GIS 14 MA/016 · Effective: Effective January 1, 2014; directive dated August 5, 2014 · Checked September 2, 2026

Transfer-penalty divisor
Central $14,146; Northeastern $14,783; Western $13,765; Northern Metropolitan $15,024; New York City $15,282; Long Island $15,193; Rochester $15,675 per monthVerified

Source: New York State Department of Health GIS 25 MA/14 · Effective: Regional transfer-of-assets rates effective January 1, 2026 · Checked September 2, 2026

How the state administers the penalty
Use the regional rate in effect on the application or increase-in-coverage request date for the region where the nursing facility is located.Verified

Source: New York State Department of Health GIS 25 MA/14 · Also: New York State Department of Health GIS 14 MA/016 · Effective: Regional transfer-of-assets rates effective January 1, 2026 · Checked September 2, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
New York recovers from the probate estate—property passing by will or intestacy—for covered assistance furnished to permanently institutionalized recipients and recipients age 55 or older. For MAGI recipients age 55 or older, recovery is limited to nursing-facility services, home- and community-based services, and related hospital and prescription-drug services.Verified

Source: New York Social Services Law § 369 · Effective: Most recent revision July 29, 2022 · Checked September 2, 2026

Controlling authority
New York Social Services Law § 369 governs Medicaid liens, estate recovery, exemptions, hardship waivers, and the probate-estate definition.Verified

Source: New York Social Services Law § 369 · Effective: Most recent revision July 29, 2022 · Checked September 2, 2026

Exemptions and deferrals
Recovery is deferred until after the surviving spouse's death and while a surviving child is under 21, blind, or permanently and totally disabled. A home lien is also barred while a qualifying sibling with an equity interest or qualifying caregiver child remains in the home under the statute's residency rules.Verified

Source: New York Social Services Law § 369 · Effective: Most recent revision July 29, 2022 · Checked September 2, 2026

Hardship waiver
Section 369(5) requires waiver of recovery when it would create undue hardship under Department regulations and federal criteria.Verified

Source: New York Social Services Law § 369 · Effective: Most recent revision July 29, 2022 · Checked September 2, 2026

Lien practice
Before death, New York permits a lien only for incorrectly paid benefits under a court judgment or against real property of a permanently institutionalized person not reasonably expected to return home; the lien dissolves if the person returns home and is barred while protected relatives reside there.Verified

Source: New York Social Services Law § 369 · Effective: Most recent revision July 29, 2022 · Checked September 2, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
ExemptVerified
  • Social Security benefits included in federal adjusted gross income are subtracted from New York adjusted gross income.

Source: Information for retired persons · Checked October 20, 2025

Public pensions
Exempt when conditions are metVerified
  • New York State/local and federal government pensions are fully exempt; other public pensions use the age-based $20,000 rule.
  • Full exemption requires a New York State/local or federal government pension plan; another state's public plan is not inferred to qualify.
  • The recipient must be age 59.5 for the entire tax year, or only post-birthday receipts qualify.
  • Maximum per eligible recipient; unused spousal amounts cannot be transferred.
  • Beneficiary amounts share the deceased owner's annual $20,000 limit and require allocation among beneficiaries.

Source: Information for retired persons · Checked October 20, 2025

Private pensions
Exempt when conditions are metVerified
  • Qualified private pension and annuity income may be excluded up to $20,000 per eligible recipient.
  • The recipient must be age 59.5 for the entire tax year, or only post-birthday receipts qualify.
  • Maximum per eligible recipient; unused spousal amounts cannot be transferred.
  • Beneficiary amounts share the deceased owner's annual $20,000 limit and require allocation among beneficiaries.

Source: Information for retired persons · Checked October 20, 2025

IRA and 401(k) distributions
Exempt when conditions are metVerified
  • Qualified IRA and eligible deferred-plan distributions may use the $20,000 pension and annuity exclusion.
  • The recipient must be age 59.5 for the entire tax year, or only post-birthday receipts qualify.
  • Maximum per eligible recipient; unused spousal amounts cannot be transferred.
  • Beneficiary amounts share the deceased owner's annual $20,000 limit and require allocation among beneficiaries.
  • The distribution must meet New York's qualified pension and annuity definition.

Source: Information for retired persons · Checked October 20, 2025

Military retirement pay
ExemptVerified
  • Military pension payments to a retiree or beneficiary are fully exempt from New York State, New York City, and Yonkers income taxes.
  • The payment must be military pension income or a qualifying beneficiary payment.

Source: Information for military personnel and veterans · Checked June 4, 2026

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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