Can I create a revocable living trust in New York?

What the Law Says

New York law authorizes the creation of revocable living trusts and defines key requirements for validity.

In New York, a revocable living trust is a legal arrangement where you (the grantor) transfer assets to a trustee (who may be yourself) to manage for your benefit during your life — and then distribute to beneficiaries after your death. You retain full control: you may amend or terminate the trust at any time while you’re alive and competent.

The trust must be in writing and signed by the grantor. Unlike some states, New York does not require witnesses or notarization for validity — though using both is strongly recommended to prevent challenges later.

New York’s Estates, Powers and Trusts Law (EPTL) governs trusts. Section 7-1.9 specifically confirms that a trust may be revoked or amended by the grantor unless the trust instrument states otherwise.

Statutory Text

A trust may be revoked or amended by the creator thereof unless the trust instrument expressly provides that the trust is irrevocable.

— Estates, Powers and Trusts Law § 7-1.9 — Revocation or amendment of trust

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