New York Complete Estate Plan Kit with Living Trust and Transfer on Death Deed (9 Templates)
New York Complete Estate Plan Kit with Living Trust and Transfer on Death Deed (9 Templates)
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New York Complete Estate Plan Kit with Living Trust and Transfer on Death Deed (9 Templates)
The complete New York estate plan in one download: a revocable living trust with its funding assignment, a pour-over will, the statutory short form power of attorney, the statutory health care proxy, a living will, a HIPAA release, final memorial plans with the statutory appointment of agent to control disposition of remains, and the statutory Transfer on Death Deed.
What's included
- Start Here cover with contents and a signing-requirements chart
- Health Care Proxy (7 pages): the statutory health care proxy form in Public Health Law §2981(5)(d), reproduced verbatim, with space for instructions on artificial nutrition and hydration (§2982(2)) and an optional organ donation page (§2981(5)(f)).
- Living Will (7 pages): written treatment instructions for end-of-life care. New York has no living will statute or statutory form; its courts accept clear and convincing written evidence of a person's wishes (Matter of Westchester County Medical Center (O'Connor), 72 N.Y.2d 517 (1988)), and the template is built to that standard.
- HIPAA Authorization / Release (10 pages): lets the people named receive protected health information from doctors, hospitals and health plans. Built on the federal core elements (45 C.F.R. §164.508), with an optional HIV-related information release meeting Public Health Law §§2780(9) and 2782, an optional psychotherapy-notes exhibit, and a revocation form.
- Final Memorial Plans (8 pages): written wishes for burial, cremation or other disposition, services, and costs, plus the statutory Appointment of Agent to Control Disposition of Remains (Public Health Law §4201(3)), reproduced verbatim.
- Statutory Short Form Power of Attorney (14 pages): the financial power of attorney form in General Obligations Law §5-1513 as amended effective June 13, 2021, reproduced verbatim in 12-point type with its caution, important information for the agent, modifications section, and agent signature and acknowledgment pages. Gift authority is handled in the Modifications section, as the 2021 law requires.
- Revocable Living Trust (11 pages): a single-creator trust that is expressly revocable (EPTL 7-1.16), with incapacity and successor trustee provisions, Schedule A (trust property), funding notes under EPTL 7-1.18, and an optional Trustee's Certificate for banks and other institutions.
- Pour-Over Will (8 pages): a will that sends assets left in the signer's individual name into the living trust at death (EPTL 3-3.7), names an executor and a guardian for minor children, and includes an attestation clause and an affidavit of attesting witnesses (SCPA 1406). A pour-over will does not by itself avoid probate.
- Transfer on Death Deed (12 pages): the statutory transfer on death deed and revocation forms in Real Property Law §424(15) and (16), reproduced verbatim with their common questions, plus an Exhibit A and recording notes. It may help the property pass outside probate.
- General Assignment to Trust (6 pages): assigns household goods, personal effects and other personal property to the revocable living trust, with trustee acceptance and a schedule describing each asset with particularity (EPTL 7-1.18).
Each document starts on its own page with plain-English completion notes, followed by the blank form. Where New York law supplies a form, the statutory wording is reproduced verbatim.
Signing requirements (New York)
- Health Care Proxy: sign and date in front of two adult witnesses, who also sign; the agent may not be a witness (Public Health Law §2981(2)). No notary is required.
- Living Will: no statutory formalities; the template uses two adult witnesses, with an optional notary acknowledgment.
- HIPAA Authorization / Release: signature and date only; no witnesses or notary are required. The optional HIV release must be dated and name the recipients, purpose and time period (Public Health Law §2780(9)).
- Final Memorial Plans: the Appointment of Agent to Control Disposition of Remains is signed and dated by the person making it and by the agent, and witnessed by two adults (Public Health Law §4201(3)). No notary is required.
- Statutory Short Form Power of Attorney: the principal signs before a notary and two witnesses who are not agents or gift recipients; the notary may be one of the witnesses (General Obligations Law §5-1501B). Each agent signs with a notary acknowledgment before acting.
- Revocable Living Trust: signed and acknowledged before a notary by the creator and any co-trustee, or signed before two witnesses who also sign (EPTL 7-1.17).
- Pour-Over Will: signed at the end, declared to be the will, and signed by two attesting witnesses within one 30-day period, with their residence addresses (EPTL 3-2.1). The affidavit of attesting witnesses is signed before a notary (SCPA 1406).
- Transfer on Death Deed: sign before two witnesses who are present at the same time, acknowledge before a notary, and record before death in the county where the property is located (Real Property Law §424(7)).
- General Assignment to Trust: signed by the owner and accepted by the trustee; a notary is optional and recommended.
File formats
Editable Word (.docx) and print-ready PDF (US Letter) for every document, delivered as a ZIP digital download. Nothing is shipped.
Legal research last verified September 29, 2026.
This is a fill-in template, not legal advice. Laws change; check your state's current requirements before signing.
Licensed to the original purchaser for personal use only; not for resale or redistribution.
Some content in this template was drafted with the help of AI tools and reviewed before listing.
Not a law firm
Not a law firm
Rexford Mercantile is a family-run general store, not a law firm, and does not provide legal advice. Our kits are self-help documents, templates, and organizers. Each kit tells you when your situation calls for an attorney.
