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New York Last Will and Testament

New York requires 2 witnesses to sign a will; handwritten (holographic) wills are not valid for most people. Free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property after you die and names the executor who will administer your estate. It can also name a guardian for your minor children. In New York, the Estates, Powers and Trusts Law (EPTL) governs how a will must be signed to be valid. You need at least two attesting witnesses, and those witnesses must both watch you sign (or acknowledge your signature) and then sign their own names and addresses at the end of the will, all within a single thirty-day window (EPTL Section 3-2.1). New York does not require a notary to make the will itself valid; the witnesses are what make it legal. You can, however, add an optional self-proving affidavit, sworn before a notary public under SCPA Section 1406, which lets the will skip live witness testimony in probate court. New York does not recognize a handwritten (holographic) will for the general public; an unwitnessed handwritten will is valid only for certain active-duty military personnel and mariners at sea, and even then only for a limited time (EPTL Section 3-2.2). To make a will in New York you must be at least 18 years old and of sound mind and memory (EPTL Section 3-1.1). Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

  2. 2

    New York requires 2 attesting witnesses. Under EPTL Section 3-2.1 both witnesses must watch the testator (the person making the will) sign, or acknowledge the signature, and then sign their own names and addresses at the end of the will within one thirty-day period.

  3. 3

    Do not use a witness who receives a gift under the will. Under EPTL Section 3-3.2 a gift to an attesting witness is void unless at least two other disinterested witnesses also sign. A witness who loses a gift this way may still recover an intestate share up to the value of that gift.

  4. 4

    A self-proving affidavit is recognized and needs a notary. Under SCPA Section 1406, the witnesses can sign a sworn affidavit before a notary public (an officer authorized to administer oaths) attesting that the will was properly executed. This lets the will be admitted to probate without producing the witnesses in person.

  5. 5

    New York does not recognize handwritten (holographic) wills for the general public. Under EPTL Section 3-2.2, an unwitnessed handwritten will is valid only for active-duty military service members, people accompanying the armed forces, or mariners at sea, and it expires a set time after that service ends.

  6. 6

    The will itself needs witnesses, not a notary. New York law makes attestation by two witnesses the formality that validates the will (EPTL Section 3-2.1). A notary is only involved if you choose to add the optional self-proving affidavit.

  7. 7

    You must be 18 and of sound mind and memory. Under EPTL Section 3-1.1, any person eighteen years of age or over, of sound mind and memory, may make a will disposing of real and personal property.

Key decisions before you file

Before you file a Last Will and Testament in New York, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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NEW YORK LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, New York, being eighteen years of age or over and of sound mind and memory, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. APPOINTMENT OF EXECUTOR I appoint [EXECUTOR NAME] of [CITY], New York, as Executor of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor Executor. My Executor shall serve without bond to the extent New York law permits, and shall have the power to pay my debts, funeral expenses, and administration expenses before distributing the rest of my estate. If I have minor children, I nominate [GUARDIAN NAME] as guardian of their persons and property, with [SUCCESSOR GUARDIAN NAME] as successor guardian.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of money, personal property, and real property, and the beneficiaries who receive them.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, including any property I acquire after signing this will, to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION I sign my name at the end of this will, as EPTL Section 3-2.1(a)(1) requires, in the presence of the two witnesses named below, and I declare to each of them that this instrument is my will. Each witness, at my request and in my presence, signs his or her name and residence address below, and both witnesses do so within one thirty-day period, as EPTL Section 3-2.1 requires.

Dated: [DATE]

[TESTATOR NAME], Testator

WITNESS 1 _____________________________ Address: [ADDRESS] [WITNESS 1 NAME]

WITNESS 2 _____________________________ Address: [ADDRESS] [WITNESS 2 NAME]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Under SCPA Section 1406, the testator and the two witnesses may swear to the facts of execution before a notary public so the will can be admitted to probate without producing the witnesses in person.

State of New York, County of [COUNTY]. We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, state that the testator signed this will at its end in our presence, declared it to be his or her will, and that we then signed as witnesses in the testator's presence, at the testator's request, and in the presence of each other; and that at the time of execution the testator was, to the best of our knowledge, eighteen years of age or over and of sound mind and memory.

[TESTATOR NAME] [WITNESS 1 NAME] [WITNESS 2 NAME]

Subscribed and sworn to before me on [DATE].

Notary Public

Note: This will is governed by New York EPTL Article 3. New York requires 2 attesting witnesses who sign within one thirty-day period (EPTL Section 3-2.1); do not use a witness who also receives a gift under the will, because that gift can be voided under EPTL Section 3-3.2. A divorce revokes gifts and fiduciary nominations to a former spouse under EPTL Section 5-1.4. This is a New York skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in New York in about a minute, and notarize it online through DocDraft if it does.

New York Requirements for Last Will and Testament

Sign With 2 Attesting Witnesses

New York requires at least two attesting witnesses. Under EPTL Section 3-2.1, both witnesses must watch the testator sign the will, or acknowledge the signature, and then sign their own names and addresses at the end of the will within one thirty-day period.

Avoid Interested Witnesses

Do not use a witness who receives a gift under the will. Under EPTL Section 3-3.2, a beneficial gift to an attesting witness is void unless there are at least two other attesting witnesses who receive no benefit. A witness who loses a gift this way may still recover his or her intestate share up to the value of the void gift.

Add a Self-Proving Affidavit (Optional)

New York recognizes a self-proving affidavit under SCPA Section 1406. The testator and witnesses swear to the facts of execution before a notary public, which lets the will be admitted to probate without producing the witnesses to testify in person.

Handwritten (Holographic) Wills Are Not Valid for Most People

Under EPTL Section 3-2.2, New York does not recognize an unwitnessed handwritten will for the general public. The only exception covers active-duty military service members, people accompanying the armed forces, and mariners at sea, and that will expires a set time after the qualifying service ends.

No Notary Needed for the Will Itself

A New York will is made valid by two attesting witnesses, not a notary, under EPTL Section 3-2.1. A notary is involved only if the testator chooses to add the optional self-proving affidavit under SCPA Section 1406.

Meet the Minimum Age and Capacity Standard

Under EPTL Section 3-1.1, a person must be eighteen years of age or over and of sound mind and memory to make a will disposing of real and personal property.

Revoke a Prior Will Properly

Under EPTL Section 3-4.1, a will can be revoked by a later will or a signed writing clearly stating the intent to revoke, executed with the same formalities as a will, or by a physical act such as burning, tearing, cutting, cancelling, obliterating, or otherwise destroying it with intent to revoke.

Know That Divorce Revokes Gifts to a Former Spouse

Under EPTL Section 5-1.4, a divorce, annulment, or judicial separation automatically revokes any revocable gift or fiduciary nomination in the will made to, or for the benefit of, the former spouse, unless the will provides otherwise.

Does your Last Will and Testament need to be notarized in New York?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

New York requires at least 2 attesting witnesses under EPTL Section 3-2.1. Both must watch the testator sign, or acknowledge the signature, and then sign their own names and addresses at the end of the will within one thirty-day period. Avoid using a witness who also receives a gift under the will; under EPTL Section 3-3.2 that gift can be voided unless two other disinterested witnesses also sign.

No. A New York will is validated by 2 attesting witnesses, not a notary, under EPTL Section 3-2.1. A notary is only used if you add the optional self-proving affidavit under SCPA Section 1406, which is a separate sworn statement that helps the will move through probate without live witness testimony.

Generally no. Under EPTL Section 3-2.2, New York does not recognize an unwitnessed handwritten will for the general public. The narrow exception covers active-duty military service members, people accompanying the armed forces, and mariners at sea, and even then the will expires a set time after that service ends.

Put your wishes in writing, sign at the end of the document, and have at least 2 attesting witnesses watch you sign (or acknowledge your signature) and then sign their own names and addresses within one thirty-day period, per EPTL Section 3-2.1. You must also be at least 18 and of sound mind and memory under EPTL Section 3-1.1. Avoid witnesses who also receive a gift under the will.

A valid New York will is signed at the end by a testator who is at least 18 and of sound mind and memory (EPTL Section 3-1.1), and attested by at least 2 witnesses who sign within one thirty-day period under EPTL Section 3-2.1. Using a witness who also receives a gift can void that gift under EPTL Section 3-3.2, so choose disinterested witnesses.

A self-proving affidavit is a sworn statement the attesting witnesses sign before a notary public, under SCPA Section 1406, confirming the will was properly signed and witnessed. It lets a New York probate court admit the will without calling the witnesses to testify, unless a party objects or the court requires it.

You must be at least 18 years old, per EPTL Section 3-1.1, and of sound mind and memory. New York calls this standard testamentary capacity: understanding the nature of your property, the people who would naturally inherit it, and the fact that you are making a will.

Under EPTL Section 3-4.1 you can revoke a will with a later will or a signed writing that clearly states your intent to revoke, executed with the same formalities as a will, or by a physical act such as burning, tearing, cutting, cancelling, obliterating, or otherwise destroying it with intent to revoke. Note that under EPTL Section 5-1.4 a divorce automatically revokes any gift or executor nomination in the will favoring the former spouse.