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                                  Department of Taxation and Finance

                                  Instructions for Form ET-85                                                ET-85-I(7/20)
                                  New York State Estate Tax Certification
                                  For an estate of an individual who died on or after January 1, 2019

Recent changes                                                      return. The information (name, address, etc.) for the person 
The addback of taxable gifts has been extended for estates          acting as executor should be entered in the area provided 
of decedents dying on or after January 16, 2019, and before         for the executor. If the application is signed by the authorized 
January 1, 2026. An includible gift is any taxable gift under       representative of a person acting as executor, refer to the 
Internal Revenue Code (IRC) §2503 that was made during the          information above. 
preceding three-year period ending on the decedent’s date of        If an executor or administrator has been appointed, a beneficiary 
death and that is not already included in the decedent’s federal    of the estate may not complete this form. The beneficiary 
gross estate. However, taxable gifts do not include any gift        should ask the executor or administrator to obtain the release 
made:                                                               of lien. If the executor refuses to obtain the release of lien, the 
–  when the decedent was not a resident of New York State; or       beneficiary may petition the Surrogate’s Court to require the 
–  before April 1, 2014; or                                         executor to carry out his or her duties.
–  between January 1, 2019, and January 15, 2019; or                Be sure to use the Form ET-85 that is applicable to the 
–  that is real or tangible personal property having an actual      decedent’s date of death.
situs outside New York State at the time the gift was made.
                                                                    Liability of applicant
Note for New York State nonresidents: Only include gifts if         If the estate is subject to tax, an estimated payment may be 
they were real or tangible personal property having an actual       required when Form ET-85 is filed. The tax is due not later than 
location in New York State, or were intangible personal property    nine months after the date of death. Refer to the instructions 
employed in a business, trade, or profession carried on in New      on Form ET-130,Tentative Payment of Estate Tax    For dates 
York State.                                                         of death on or after January 1, 2019, or the estate tax return 
For decedents dying on or after January 1, 2019, and before         for information on paying the estate tax and the due date 
January 16, 2019, there is no addback of taxable gifts.             for payment.
The Tax Law requires a New York qualified terminable interest       Note: The executor may be held personally liable for unpaid 
property (QTIP) election to be made directly on a New York          estate tax up to the value of the assets that were distributed 
estate tax return for decedents dying on or after April 1, 2019.    before the New York State estate tax was paid in full. The 
Any election made under this subsection is irrevocable.             surviving spouse, all beneficiaries, and any other person in 
                                                                    possession of property included in the New York gross estate 
Any QTIP from a previously allowed New York marital deduction       may be held personally liable for unpaid estate tax up to the 
must be included in the surviving spouse’s New York gross           value of property received from the estate (NYS Tax Law §975).
estate, whether the QTIP election was made on the transferring 
spouse’s New York estate tax return or on a federal proforma 
return if an actual federal return was not otherwise required.      Which estates must file Form ET-706 for New 
                                                                    York State
Use Form ET-85 when                                                 The estate of an individual who was a NYS resident at the time 
•  The estate is not required to file a New York State estate tax   of death must file a NYS estate tax return if the total of the 
return (see filing requirements below), and either an executor      federal gross estate plus any includible taxable gifts made while 
or administrator has not been appointed, or if appointed,           the individual was a resident of New York State exceeds the 
nine months have passed since the date of death.                    basic exclusion amount applicable for the date of death.
•  The estate is required to file a New York State estate tax       The estate of an individual who was not a resident of New York 
return, and either:                                                 State at the time of death must file a NYS estate tax return if 
–  less than nine months have passed since the date of death,       the estate includes real or tangible personal property having 
and an executor or administrator has not been appointed,            an actual location in NYS and the federal gross estate plus any 
or                                                                  includible taxable gifts made while the individual was a resident 
                                                                    of NYS exceeds the basic exclusion amount applicable for the 
–  more than nine, but less than 15 months, have passed             date of death.
since the date of death, and an extension of time to file the 
estate tax return has been granted.                                 For information on includible gifts, see Recent Changes.
Use Form ET-30, Application for Release(s) of Estate Tax Lien,      See Estate Tax Basic Exclusion Amounts on our website, 
if letters of appointment (either Letters Testamentary or Letters   www.tax.ny.gov (search: Estate) based on the date of death.
of Administration) have been obtained from Surrogate’s Court 
and less than nine months have passed since the decedent’s 
death.                                                              Completing Form ET-85
                                                                    This form may be prepared by an attorney or authorized 
                                                                    representative, but must be signed by the applicant or executor 
Who may file Form ET-85                                             and notarized.
Form ET-85 may be filed by an executor, administrator, a joint 
owner of property, the decedent’s next of kin, or any person        Decedent information
having an interest in the estate who has a thorough knowledge       Complete the information requested about the decedent. Verify 
of the decedent’s assets. The term executor includes executrix,     that the decedent’s Social Security number is correctly entered 
administrator, administratrix, or personal representative of the    on the application. Attach a photocopy of the death certificate to 
decedent’s estate.Note: If an executor has not been appointed,      this application and mark an  Xin the appropriate box.
this application may be signed by a person acting as executor 
who has sufficient knowledge of the estate to file an accurate 



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Page 2 of 2  ET-85-I (7/20)

Representative information                                           and any recovery from the cause of action (litigation) will bring 
If the executor has authorized an attorney, accountant, etc.,        into the estate an asset not otherwise in the estate, such as 
to represent him or her regarding the estate, complete that          a recovery for the decedent’s pain and suffering in a wrongful 
information. If the executor has signed Form ET-14, Estate           death action, list the fair market value of the decedent’s interest 
Tax Power of Attorney, and it is being submitted with this           in the cause of action as of the date of death.
application, attach it to the application and mark an  Xin the 
appropriate box. Validated releases of lien will be mailed to the    Supplemental documents
authorized representative listed on the form, unless you direct      In addition to the completed release of lien (Form ET-117), 
the department differently.                                          submit a copy of the will (if one exists); the death certificate (if 
Note: Unless a change in representation or authority is being        not previously submitted); and a power of attorney, if applicable.
made, Form ET-14 should only be submitted to the department          If the decedent was not domiciled in New York 
once. You do not have to send Form ET-14 in with each estate         State, complete Form ET-141, New York State Estate Tax 
tax form you file. If Form ET-14 was submitted previously,           Domicile Affidavit, and attach it to Form ET-85.
indicate the form it was sent in with, and the date that the form 
was submitted.
                                                                     Where to file Form ET-85
Executor/applicant information                                       Mail this form to:
If an executor has not been appointed, the applicant should          NYS ESTATE TAX
enter his or her information in the area provided for the executor.  PROCESSING CENTER
                                                                     PO BOX 15167
If the estate has more than one executor, mark an  Xin the           ALBANY NY 12212-5167
box, enter the name and other information for the primary            If not using U.S. Mail, see Publication 55, Designated Private 
executor (preferably a person residing in NYS) in the area           Delivery Services.
provided, and attach a list of each of the other executors with 
their mailing address and Social Security number. Submit Letters 
Testamentary  orLetters of Administration  with the return if not    Privacy notification
previously submitted.                                                New York State Law requires all government agencies that 
                                                                     maintain a system of records to provide notification of the legal 
                                                                     authority for any request for personal information, the principal 
Releases of lien                                                     purpose(s) for which the information is to be collected, and 
Complete and attach Form ET-117, Release of Lien of Estate           where it will be maintained. To view this information, visit our 
Tax, if a release of lien is needed for real property or a           website, or, if you do not have Internet access, call and request 
cooperative apartment. Submit a separate Form ET-117 for each        Publication 54, Privacy Notification. See Need help? for the Web 
county in which real property is located, and a separate form for    address and telephone number.
each cooperative housing corporation and/or purchaser.

Specific instructions for estimating the net                         Need help?
estate
Lines 1 through 7 – On each line, enter the total value of all                 Visit our website at www.tax.ny.gov
assets as of the date of death regardless of where the assets                  •  get information and manage your taxes online
are located and whether held by the decedent alone or with                     •  check for new online services and features
someone else.
Line 8 – For estates of decedents dying on or after January 16,      Telephone assistance
2019, and before January 1, 2026, enter the value of all taxable     Estate Tax Information Center:                  518-457-5387
gifts under IRC §2503 made during a three-year period ending 
on the individual’s date of death that would not otherwise be        To order forms and publications:                518-457-5431
included in the federal gross estate.                                Text Telephone (TTY) or TDD                     Dial 7-1-1 for the  
                                                                       equipment users                   New York Relay Service
However, taxable gifts do not include any gift made:
•  when the decedent was not a resident of New York State; or 
•  before April 1, 2014; or
•  between January 1, 2019, and January 15, 2019; or
•  that is real or tangible personal property having an actual situs 
   outside New York State at the time the gift was made.
Note for New York State nonresidents: Only include gifts if 
they were real or tangible personal property having an actual 
location in New York State, or were intangible personal property 
employed in a business, trade, or profession carried on in New 
York State.
Line 9 – List the amount of any QTIP previously allowed on 
the predeceased spouse’s New York State estate tax return, 
regardless of whether a federal estate tax return was required to 
be filed by the transferring spouse.
Line 10 – If the decedent was a plaintiff in any litigation at 
the time of his or her death, or the estate has undertaken or 
is considering any litigation related to the decedent’s death, 






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