Wills Lawyer in New York — How to Make a Valid Will and Protect Your Family

Everyone over 18 needs a will. This guide from a wills lawyer in New York perspective explains how to make a valid will, what to include, and how to avoid common mistakes.

In New York, a will must be in writing, signed at the end by the person making it and signed by two witnesses within 30 days. Moreover, New York gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. As a result, careful drafting matters.

Our attorneys draft wills, powers of attorney and healthcare directives for New York residents, entirely online, at fixed prices.

Why you need a will in New York

A will says who receives your property and who manages your estate. In addition, it lets parents nominate a guardian for minor children. Without one, New York's intestacy laws decide who inherits.

Intestacy rules may not match your wishes. For example, unmarried partners and stepchildren usually receive nothing. As a result, even simple estates benefit from a will. Our Last Will and Testament service drafts a will that meets New York's requirements.

Signing requirements in New York

In New York, a will must be in writing, signed at the end by the person making it and signed by two witnesses within 30 days. Witnesses should be adults who do not inherit under the will. Independent witnesses make the will stronger.

Many wills also include a self-proving affidavit, signed before a notary. It allows the court to accept the will without calling the witnesses later. Consequently, probate usually moves faster.

Small errors, big problems

A missing signature or witness can invalidate a will. Therefore, follow the signing steps exactly.

Handwritten and electronic wills in New York

New York generally does not accept an unwitnessed handwritten will made there. Therefore, a handwritten will must still meet the full signing requirements.

New York generally still expects a signed paper will, so keep the original in a safe place. In any case, keep a copy with your important papers.

Spouses and wills in New York

New York gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. As a result, married couples should plan together.

Many couples choose mirror wills that leave everything to each other first. Our couples wills service drafts matching wills at a fixed price. In addition, a prenuptial or postnuptial agreement can change spousal rights.

Choosing an executor in New York

The executor manages your estate after death. They collect assets, pay debts and distribute property. Consequently, choose someone organized, honest and willing to serve.

Name at least one backup executor. Furthermore, consider whether the person lives nearby, because some states add requirements for out-of-state executors. Read our guide to probate in New York to see what the job involves.

Guardians for minor children

Parents of minor children should name a guardian in their will. Without a nomination, a judge decides who raises the children. As a result, naming a backup guardian is wise.

You can also leave money to children through a trust. That way, a trusted person manages the money until the children are older. Otherwise, children may receive everything at 18.

Think about practical details too. For example, consider where the guardian lives, their age and their health. In addition, talk with them about schooling, religion and family contact. These conversations make a hard transition easier for your children.

What a will cannot do

Some assets pass outside a will. For example, life insurance, retirement accounts and payable-on-death bank accounts go to named beneficiaries. Similarly, jointly owned property with survivorship rights passes to the co-owner.

Therefore, review your beneficiary designations along with your will. In addition, a transfer-on-death deed can pass real estate outside probate where New York allows it.

Will or living trust in New York?

A will must usually go through probate. By contrast, a living trust can avoid probate for assets placed in it. Consequently, trusts suit people with real estate or privacy concerns.

Many people use both: a trust for major assets and a "pour-over" will for anything left out. Read our guide to living trusts in New York to compare. A living trust consultation helps you decide.

Powers of attorney and healthcare directives

A will only works after death. However, you also need documents for incapacity. A durable power of attorney lets someone manage your finances if you cannot.

Similarly, an advance healthcare directive names someone to make medical decisions and records your wishes. Together, these documents keep your family out of guardianship court. Our complete estate plan bundle includes all of them.

Updating your will in New York

Review your will after major life events. For example, marriage, divorce, children and moves can all change what you need. Consequently, review your will every few years.

Small changes can be made with a codicil, which must be signed like a will. However, a new will is often cleaner. Never write changes on the original will, because that can cause disputes.

Common will mistakes in New York

Several mistakes cause problems for families. First, people forget to name backup beneficiaries and executors. Next, they use vague language, such as "divide fairly," which invites disputes.

In addition, people forget digital assets and pets. Furthermore, some leave the original will where no one can find it. Finally, many never sign the will properly. Each of these mistakes is easy to avoid with professional drafting.

Digital assets and pets in a New York will

Modern estates include digital assets. For example, online bank accounts, cryptocurrency, photos and social media accounts all need a plan. Therefore, list your important accounts in a separate, secure document.

Never put passwords in the will itself, because a probated will can become public. Instead, keep a secure list and tell your executor where to find it.

Pets need a plan too. You can name a caregiver and leave money for the pet's care. In addition, many states allow a pet trust, which makes sure the money is actually used for the animal.

Storing your will and telling your family in New York

A will only helps if someone can find it. Therefore, keep the signed original in a safe, accessible place, such as a fireproof box at home. Consequently, avoid places that only you can open.

Tell your executor where the original is. In addition, give trusted family members a copy or a note saying where to look. Courts usually require the original, so copies alone may not be enough.

Finally, review the storage location whenever you move. A lost will can mean the estate passes as if there were no will at all.

What a will costs in New York

Will costs vary widely. Simple wills are often offered at a flat fee, while complex estates cost more. As a result, you know the price up front.

Our will services are fixed-fee and prepared online. For a full overview of estate documents, read our estate planning package guide.

If you are unsure where to begin, list your assets, beneficiaries and preferred executor first. Then order your will, and we will guide you through signing it correctly.

Our Wills services in New York

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in New York. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Wills across New York — cities we serve

We work with clients in every part of New York, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow New York law and your county's local practice. Choose your city below to see local details and prices.

• New York City: Last Will and Testament in New York City · Couples Wills (Mirror Wills) in New York City · Complete Estate Plan Bundle in New York City
• Brooklyn: Last Will and Testament in Brooklyn · Couples Wills (Mirror Wills) in Brooklyn · Complete Estate Plan Bundle in Brooklyn
• Queens: Last Will and Testament in Queens · Couples Wills (Mirror Wills) in Queens · Complete Estate Plan Bundle in Queens
• The Bronx: Last Will and Testament in The Bronx · Couples Wills (Mirror Wills) in The Bronx · Complete Estate Plan Bundle in The Bronx
• Staten Island: Last Will and Testament in Staten Island · Couples Wills (Mirror Wills) in Staten Island · Complete Estate Plan Bundle in Staten Island
• Buffalo: Last Will and Testament in Buffalo · Couples Wills (Mirror Wills) in Buffalo · Complete Estate Plan Bundle in Buffalo
• Rochester: Last Will and Testament in Rochester · Couples Wills (Mirror Wills) in Rochester · Complete Estate Plan Bundle in Rochester
• Yonkers: Last Will and Testament in Yonkers · Couples Wills (Mirror Wills) in Yonkers · Complete Estate Plan Bundle in Yonkers
• Syracuse: Last Will and Testament in Syracuse · Couples Wills (Mirror Wills) in Syracuse · Complete Estate Plan Bundle in Syracuse
• Albany: Last Will and Testament in Albany · Couples Wills (Mirror Wills) in Albany · Complete Estate Plan Bundle in Albany
• New Rochelle: Last Will and Testament in New Rochelle · Couples Wills (Mirror Wills) in New Rochelle · Complete Estate Plan Bundle in New Rochelle
• White Plains: Last Will and Testament in White Plains · Couples Wills (Mirror Wills) in White Plains · Complete Estate Plan Bundle in White Plains
• Long Island: Last Will and Testament in Long Island · Couples Wills (Mirror Wills) in Long Island · Complete Estate Plan Bundle in Long Island
• Ithaca: Last Will and Testament in Ithaca · Couples Wills (Mirror Wills) in Ithaca · Complete Estate Plan Bundle in Ithaca

More New York services

Couples Wills (Mirror Wills) in New York · Complete Estate Plan Bundle in New York · Advance Healthcare Directive / Living Will in New York · Durable Power of Attorney in New York · Living trust consultation in New York · Transfer-on-Death Deed in New York. See all legal services in New York.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Last Will and Testament in New Jersey, Last Will and Testament in Connecticut, Last Will and Testament in Pennsylvania, Last Will and Testament in Massachusetts, Last Will and Testament in Vermont. See every location we cover.

Frequently asked questions

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.