New York State Department of Law (Office of the Attorney General) Charities Bureau - Registration Section Instructions for Charitable Estate Registration Registration for Estates with a Charitable Interest www.charitiesnys.com Contents: Note: 1. Who Must Register as an Estate . . . . . . . . . . . . . . . . . . . . . . . . . 1 } The information in this form is for estates with a charitable 2. Registration Information ............................... 1 interest. For registration and filing requirements for charitable lead trusts, see the instructions for Form CHAR001-LT. For A. Registration Statute and Registration Type . . . . . . . . . . . . . 1 registration and filing requirements for charitable remainder B. New York State Registration Number . . . . . . . . . . . . . . . . . 1 trusts, see the instructions for Form CHAR001-RT. For registration and annual filing requirements for nonprofit 3. Other Entities Required to Register . . . . . . . . . . . . . . . . . . . . . . . 1 organizations, including wholly charitable trusts that file an IRS 4. Registration – What to File ............................. 1 Form 990, 990-EZ or 990-PF, see the instructions for Forms CHAR410 (Registration Statement for Charitable 5. Subsequent Filings ..................................1-2 Organizations) and CHAR500 (Annual Filing for Charitable 6. When and Where To Submit............................ 2 Organizations). 7. Penalties ........................................... 2 } Please place identifying information (registration number if applicable, decedent’s name, etc.) on all correspondence and 8. Questions / Contacting the Charities Bureau . . . . . . . . . . . . . . . . 2 other documents submitted to the Charities Bureau. 9. Offices for Estate Matters .............................. 3 } All references to forms designated “CHAR” are to official forms A. Registration..................................... 3 of the Attorney General’s Charities Bureau. Copies of these forms are available on the Charities Bureau’s website (see B. Final Reports.................................... 3 address at top of this page). 1. Who Must Register as an Estate Estates with a charitable interest must register with the Charities Bureau. * The term "estate with a charitable interest” includes any estate with a charitable bequest that is either to an unnamed charity or is an unspecified amount (including without limitation a bequest of all or part of the residuary estate) or indefinite property. 2. Registration Information A. Registration Statute and Registration Type The statute requiring registration of estates in New York State is section 8-1.4 of the Estates, Powers and Trusts Law (EPTL). B. New York State Registration Number The Charities Bureau will assign a registration number to entities registering as an estate with a charitable interest. 3. Other Entities Required to Register The following entities are required to register. Such entities should consult the instructions for their respective forms to learn how to register and what to file. Entity Form and Instructions Charitable Lead Trusts CHAR001-LT & instructions Charitable Remainder Trusts CHAR001-RT & instructions Non-profit Organizations (including wholly charitable CHAR410 & instructions trusts that file an IRS Form 990, 990-EZ or 990-PF) 4. Registration – What to File To register with the Charities Bureau, estates with a charitable interest must submit a copy of the estate’s Notice of Probate together with a copy of the last will and testament and any codicils. There is no fee to register under the EPTL. Do not submit any registration fee with your estate registration. 5. Subsequent Filings: After an estate has registered with the Charities Bureau, it is not required to file periodic reports, but shall comply with any request made by the Attorney General for additional information or documentation. Page 1 of 3 Instructions for Charitable Estate Registration (2015) |
Estates are required to file a final report with the Attorney General. A final report shall consist of a judicial or informal final accounting containing sufficient information for purposes of the Attorney General’s review. In addition, the estate is required to submit with its final report an EPTL filing fee based on the total value of all assets distributed or proposed to be distributed to charitable beneficiaries, including distributions resulting from specific and residuary gifts paid from principal or income, according to the following schedule: Amount Distributed to Charitable Beneficiaries EPTL Filing Fee Less than $50,000 $25 $50,000 or more, but less than $250,000 $50 $250,000 or more, but less than $1,000,000 $100 $1,000,000 or more, but less than $10,000,000 $250 $10,000,000 or more, but less than $50,000,000 $750 $50,000,000 or more $1500 Fees must be made payable to “New York State Department of Law.” 6. When and Where to Submit All estate registrations must be mailed, postmarked within six months after the earlier of the date letters testamentary or preliminary letters testamentary are issued. Nothing in these requirements for estate registration shall be interpreted to waive any requirement to submit any estate-related documents to the Attorney General in a timely manner pursuant to any other provision of New York State law, such as the requirement to submit the notice of probate pursuant to section 1409 of the Surrogate’s Court Procedure Act. The estate registration materials (see section 4 above) must be mailed to either the New York City or Albany office of the Attorney General’s Charities Bureau. If the estate is located in any of the counties listed for the Albany office in section 9.A. of these instructions, mail the registration materials to the Albany office. If the estate is located in any other county, mail the registration materials to the New York City office. Final reports (see section 5 above) must be mailed to the local Attorney General office that reviews the accounting, which depends on the county in which the estate is located. To determine the appropriate office, see section 9.B. of these instructions. Please note that, in the future, the Attorney General may require that all estate registration materials and final reports be submitted to the local Attorney General office that reviews the accounting. Therefore, you are advised to check the Charities Bureau regularly for updated estate registration instructions to determine the appropriate office for your submission. 7. Penalties Pursuant to EPTL Section 8-1.4, any entity that fails to comply with the EPTL registration and filing requirements may be subject to fines in the amount of $10 per day, up to a maximum of $1,000, for each such failure. 8. Questions / Contacting the Charities Bureau Questions about estate registration should be directed to the Charities Bureau as follows: By Email: charities.bureau@ag.ny.gov (note “estate registration question” in the subject line) By Phone: 212-416-8401 (mention that you have an estate registration question to the representative) Helpful information may also be found on the Charities Bureau website at www.charitiesnys.com. Page 2 of 3 Instructions for Charitable Estate Registration (2015) |
9. Offices for Estate Matters A. Registration NEW YORK CITY ALBANY New York State Attorney General New York State Attorney General Charities Bureau Charities Bureau 120 Broadway, 3rd Floor The Capitol New York, NY 10271-0332 Albany, NY 12224-0341 212-416-8401 518-776-2150 Counties: All other counties Counties: Albany, Columbia, Fulton, Greene, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Sullivan, Ulster, Warren and Washington B. Final Reports ROCHESTER ALBANY New York State Attorney General New York State Attorney General Rochester Regional Office Charities Bureau 144 Exchange Boulevard The Capitol Rochester, NY 14614-2176 Albany, NY 12224-0341 585-546-7430 518-776-2150 Counties: Livingston, Monroe, Ontario, Seneca, Steuben, Wayne and Counties: Albany, Columbia, Fulton, Greene, Hamilton, Montgomery, Yates Rensselaer, Saratoga, Schenectady, Schoharie, Sullivan, Ulster, Warren and Washington SYRACUSE BINGHAMTON New York State Attorney General New York State Attorney General Syracuse Regional Office Binghamton Regional Office 615 Erie Blvd. West, Suite 102 44 Hawley Street, 17th Floor Syracuse, NY 13204 Binghamton, NY 13901-4433 315-448-4800 607-251-2770 Counties: Cayuga, Cortland, Madison, Onondaga and Oswego Counties: Broome, Chemung, Chenango, Delaware, Otsego, Schuyler, Tioga and Tompkins UTICA BUFFALO New York State Attorney General New York State Attorney General Utica Regional Office Buffalo Regional Office 207 Genesee Street, Room 504 350 Main Street Suite 300A Utica, NY 13501-2812 Buffalo, NY 14202 315-864-2000 716-853-8400 Counties: Herkimer and Oneida Counties: Allegheny, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming WATERTOWN NEW YORK CITY New York State Attorney General New York State Attorney General Watertown Regional Office Charities Bureau 317 Washington Street 120 Broadway, 3rd Floor Watertown, NY 13601-3744 New York, NY 10271-0332 315-523-6080 212-416-8401 Counties: Jefferson, Lewis and St. Lawrence Counties: Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk and Westchester PLATTSBURGH New York State Attorney General Plattsburgh Regional Offce 43 Durkee Street, Suite 700 Plattsburgh, NY 12901-2958 518-562-3288 Counties: Clinton, Essex and Franklin Page 3 of 3 Instructions for Charitable Estate Registration (2015) |