How to Write a Will in New York State: A Step-by-Step Guide
In New York, creating a legally valid final will, also known as a last will and testament, requires careful adherence to the state’s legal requirements.
Below is a step-by-step guide on how to write a will in New York State that meets all the legal requirements. Understanding the process will help you pass on your assets the way you want to.
All the same, getting professional legal advice, especially if your estate is complex, is highly recommended.
Understanding a Final Will in New York
A final will is a legal document that specifies how your property, assets, and responsibilities will be handled after your death.
It allows you to:
- Designate beneficiaries for your assets.
- Name a guardian for minor children.
- Appoint an executor to manage your estate.
- State your final wishes regarding specific possessions or charitable donations.

Anyone can — and should — write a will. It is possible to do it yourself. Online platforms can walk you through the process or show you templates, but consulting a legal professional is highly recommended.
Legal Requirements for a Valid Will in New York
In New York, wills are governed by Article 3 of the New York Estates, Powers, and Trusts Law (EPTL). Regardless of whether you want to create your own will or will rely on an attorney, knowing the NYS laws and regulations helps massively to understand and use proper, clear language.
Any ambiguities could lead to legal disputes that could render your will partially or completely invalid.
In New York State, a will is legally binding when the testator (the one making the will) complies with the following:
- Be of sound mind and legal age:
- The testator (person making the will) must be at least 18 years old.
- They must be mentally competent when drafting the will.
- Use written form:
- The will must be typed. Handwritten or holographic wills aren’t recognized in New York unless created during active military service. Oral wills are not generally recognized in New York, except under specific circumstances like active military service.
- Sign the will:
- The testator must sign the will at the end.
- The testator must state clearly that they know what they are signing.
- If the testator is physically unable to sign, another person may sign on their behalf under their direction, in their presence.
- Have witnesses:
- At least two witnesses must sign the will.
- The witnesses must observe the testator signing or acknowledge the signature.
- The witnesses cannot be beneficiaries, or their inheritance might be invalidated.
- Date the will:
- While not required by law, dating your will is highly recommended for clarity. It helps with potential future updates, amends, or entirely new versions of the will
- Notarization — not needed but helpful:
- A will does not need to be notarized in NY, but notarizing it makes the document self-proving. When the probate process begins, the court of law will accept a self-proving document right away. Otherwise, it would reach the witnesses to verify their presence in signing the will. To notarize the will, the testator and the two witnesses must sign it in front of a certified notary in the state of New York.
Steps to Create a Final Will in New York

You can make a will in NY by yourself. We’ve listed all the steps of the process, but a consultancy with an estate planning lawyer can only help.
Drafting the will as outlined in our guide will make the consultation more affordable. What’s more, you will learn how to write a will much better, allowing you a greater degree of control and helping you amend the document in the future.
Step 1: List Your Assets and Liabilities
Prepare a comprehensive inventory of:
- Real estates.
- Bank accounts.
- Stocks and bonds.
- Personal belongings like jewelry, vehicles, and heirlooms.
- Debts and outstanding obligations.
Step 2: Choose Beneficiaries
Decide who will inherit your assets.
Beneficiaries can include:
- Family members or friends.
- Charitable organizations.
- Trusts established for specific purposes.
Step 3: Appoint an Executor
The executor ensures your will is carried out as written. Arguably, choosing the right executor is the most crucial step when writing a will in NY. After all, the executor will have to realize your wishes as desired.
Choose someone trustworthy, organized, and capable of handling legal and financial matters. Often, the first people that come to mind are immediate relatives, but they may not be the best choice for handling your assets.
For one, they will be grief-stricken when the probate process kicks in.
What’s more, they’ll likely have a personal interest and will be involved in family politics, which could complicate things.
A lawyer or someone outside the family could be a better choice.
Step 4: Name Guardians for Minor Children
If you have children under 18, appoint a guardian to care for them if you pass away.
Step 5: Draft the Will
Write the will, including:
- A declaration that it is your last will and testament.
- Your full name, address, and acknowledgment of being of sound mind.
- Clear instructions for distributing your assets.
- Executor and guardian designations.
Step 6: Sign the Will with Witnesses
When you make a will in New York, follow these rules for signing:
- Sign the will in front of two witnesses.
- Have witnesses sign and print their names and addresses.
Step 7: Store the Will Safely
Keep the original will in a secure place, such as:
- A fireproof safe at home.
- With your attorney.
- In a safe deposit box (check state rules about access).
Should You Use a Lawyer or Online Tools?
Knowing how to write a will, in New York, California, or elsewhere, and actually writing a legally binding one are different things.
Simple estates and asset distribution don’t require a legal degree, but consulting a professional is recommended. Their trained eye can spot omissions and inaccuracies that regular folk simply won’t recognize.
Luckily, online there are many examples of writing a will — templates, downloadable forms, interactive will-creators — that can help you flesh out the draft.

But if you have any doubts, check with legal professionals to iron it out. Here are the main options you have:
- Attorney: For complex estates or specific legal questions, consult an estate planning lawyer. On average, crafting a will with a lawyer will cost anywhere between $300 and $1000. If you draft the will yourself, the price is likely to be on the lower end.
- Online wills: Platforms like LegalZoom or Willful provide templates for simple wills that work in New York.
Conclusion
Drafting a final will is an essential step in securing your legacy and ensuring your wishes are respected.
By following the state’s legal requirements and regularly updating the document, you can protect your loved ones and simplify the administration of your estate.
Even if you have doubts and uncertainties, writing a will by yourself will help you understand the process and contents of the document much better. What’s more, making your own draft, be it by using online will templates or your own words from start to finish, will reduce potential lawyer consultancy fees.
Checking in with a legal professional is a good idea, in general, to make sure everything is worded and structured properly.
Frequently Asked Questions
Can I update my will?
Yes, you can amend your will through a codicil or write a new will entirely. Ensure changes follow the same signing and witnessing rules.
Can I disinherit a family member?
Disinheriting children is possible, but spouses have a right to an elective share, which cannot be overridden. Be explicit in your will about disinheriting someone.
Is a handwritten will valid in New York?
Handwritten wills, also known as holographic wills, are generally not valid unless made by active military personnel under specific conditions.
Do I need to notarize my will?
Notarization is not required, but it is recommended to include a self-proving affidavit signed by a notary. This simplifies probate by proving the will’s validity.
How long does probate take in New York?
The probate process varies but typically takes several months to a year, depending on the estate’s complexity.
What happens if I die without a will in New York?
If you pass away intestate (without a will), your assets will be distributed according to New York’s intestacy laws, prioritizing close relatives like spouses and children. Now that you know how to write a will, don’t handle the power over your assets to the state of New York.