Last Will and Testament in New York
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What New York law says
| 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. |
|---|---|
| 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 |
| 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. |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · New York tenant rights
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.