N.Y. Estates, Powers & Trusts Law Section 2-1.12
Credit shelter formula bequests

§ 2-1.12 Credit shelter formula bequests If:

(a)

the decedent dies after January thirty-first, two thousand; and

(b)

by reason of the death of the decedent property passes or is acquired from the decedent under a will executed or a trust created prior to February first, two thousand which contains a formula providing, in sum or substance, for a bequest of the maximum amount of property that can be sheltered from federal estate tax by reason of available credits against such tax; and

(c)

such formula was not amended at any time after January thirty-first, two thousand and before the death of the decedent, then, unless the instrument containing such formula specifically provides that there are non-tax reasons for taking the federal credit for state death taxes into account, such formula shall be deemed not to include a reference to the federal credit for state death taxes.

Source: Section 2-1.12 — Credit shelter formula bequests, https://www.­nysenate.­gov/legislation/laws/EPT/2-1.­12 (updated Sep. 22, 2014; accessed Jan. 17, 2026).

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Verified:
Jan. 17, 2026

Last modified:
Sep. 22, 2014

§ 2-1.12. Credit shelter formula bequests's source at nysenate​.gov

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