How to Make a Valid Will in New York
What New York law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older who is of sound mind and memory may make a will. The will must be signed at the end by the will-maker (or by another person in the will-maker's presence and at their direction, who also signs their own name and address but does not count as a witness). N.Y. Est. Powers & Trusts Law §§ 3-1.1, 3-2.1
| Requirements for a valid will | Anyone 18 or older who is of sound mind and memory may make a will. The will must be signed at the end by the will-maker (or by another person in the will-maker's presence and at their direction, who also signs their own name and address but does not count as a witness). The will-maker must sign or acknowledge the signature in front of each of at least two witnesses and declare that the document is their will. The witnesses must sign within one 30-day period and should add their home addresses. Anything written below the signature (other than the attestation clause) is disregarded. New York has enacted electronic-will provisions; a version of § 3-2.1 taking effect December 12, 2027 carves out electronic wills, which will follow their own rules. |
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| Handwritten (holographic) wills | Generally not valid. A handwritten (holographic) or oral will is valid only if made by a member of the armed forces during a war or armed conflict, a person serving with or accompanying such a force, or a mariner at sea. It expires one year after military discharge (or after service ends), or three years after it was made for a mariner. |
| Self-proving affidavit | Yes. Any or all of the attesting witnesses may sign a sworn affidavit before an officer authorized to administer oaths (such as a notary) stating the facts showing the will was properly signed and that the will-maker was competent and not under restraint. The court accepts it in place of witness testimony unless someone objects or the court requires the witness to appear. Source: N.Y. Surr. Ct. Proc. Act § 1406 |
More New York estate law
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- Power of Attorney in New York
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- Who Inherits If You Die Without a Will in New York
- How Probate Works in New York
- Living Wills and Advance Directives in New York
- Revocable Living Trusts in New York
- Executor Duties in New York
- Letters Testamentary in New York
- Affidavit of Heirship in New York
- How to Avoid Probate in New York
- Transferring a Car After Someone Dies in New York
- All New York wills, probate and estate rules
FAQ
What makes a will valid in New York?
Anyone 18 or older who is of sound mind and memory may make a will. The will must be signed at the end by the will-maker (or by another person in the will-maker's presence and at their direction, who also signs their own name and address but does not count as a witness). The will-maker must sign or acknowledge the signature in front of each of at least two witnesses and declare that the document is their will. The witnesses must sign within one 30-day period and should add their home addresses. Anything written below the signature (other than the attestation clause) is disregarded.
Is a handwritten will valid in New York?
Generally not valid. A handwritten (holographic) or oral will is valid only if made by a member of the armed forces during a war or armed conflict, a person serving with or accompanying such a force, or a mariner at sea. It expires one year after military discharge (or after service ends), or three years after it was made for a mariner.
Does a will need to be notarized in New York?
Yes. Any or all of the attesting witnesses may sign a sworn affidavit before an officer authorized to administer oaths (such as a notary) stating the facts showing the will was properly signed and that the will-maker was competent and not under restraint. The court accepts it in place of witness testimony unless someone objects or the court requires the witness to appear.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.