PDF document
- 1 -
                  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)



- 2 -
   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)



- 3 -
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)






PDF file checksum: 3935984297

(Plugin #1/9.12/13.0)