How to Make a Will in New York

If you're a resident of New York and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Your will can dispose of your real and personal property. (N.Y. Est. Powers & Trusts Law § 3-1.1 (2025).)

Below you'll find an overview of what a will can do for you, what New York laws require for making a valid will, and what the process looks like.

Steps to Create a Will in New York

Here's a quick checklist for making a will in New York:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In New York, if you die without a will, your property will be distributed according to state "intestacy" laws. New York's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in New York?

Yes. You can make your own will in New York, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in New York

To make a will in New York, you must be:

• an individual 18 years of age or older, and
• of sound mind and memory.

(N.Y. Est. Powers & Trusts Law § 3-1.1 (2025).)

Generally, your will must be in writing on actual paper. It can't be on audio or video, or any other digital file. (See "Can I Make a Digital or Electronic Will?," below.)

However, New York does allow nuncupative (oral) and holographic (handwritten) wills in limited circumstances, such as for a member of the armed forces during a time of armed conflict, a mariner, or a person who accompanies a member of the armed forces during armed conflict. Both holographic and oral wills are subject to becoming invalid shortly after the emergency situation (like armed conflict) expires. (N.Y. Est. Powers & Trusts Law § 3-2.2 (2025).)

An oral will also must be clearly witnessed by two people. Holographic wills must be entirely in the handwriting of the will maker. Both oral and holographic wills generally aren't a good idea, unless they are absolutely necessary. (N.Y. Est. Powers & Trusts Law § 3-2.2 (2025).)

How to Sign and Execute My New York Will

To finalize your will in New York:

• you must sign or acknowledge your will in front of two witnesses
• you must declare to your witnesses that the document you are signing or acknowledging is your will, and
• your witnesses must sign your will in front of you.

(N.Y. Est. Powers & Trusts Law § 3-2.1 (2025).)

You should sign at the end of the will; New York law may not recognize anything after your signature other than the self-proving affidavit (see below). New York law gives you 30 days to have your witnesses observe you signing or acknowledging your will, but you can have your witnesses sign at the same time as you do. Your witnesses must also write their addresses on the will. (N.Y. Est. Powers & Trusts Law § 3-2.1 (2025).)

Holographic wills don't need to be witnessed, but they must be completely written in your own handwriting. But (as discussed above) holographic wills can be used only in specific circumstances and are generally a bad idea. (N.Y. Est. Powers & Trusts Law § 3-2.2 (2025).)

Do I Need to Have My Will Notarized?

No, in New York, you don't need to notarize your will to make it legal.

However, New York allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will. (N.Y. Surr. Ct. Proc. Act § 1406 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. New York currently doesn't allow e-wills, but that could change in the future.

Can I Choose and Appoint an Executor in My Will?

Yes. In New York, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the surrogate's court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in New York?

In New York, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, cutting, canceling, obliterating, mutilating, or destroying the will
• ordering someone else to burn, tear, cut, cancel, obliterate, mutilate, or destroy your will in front of you and two other witnesses
• making a new will, or
• making a new writing that says you're revoking your will and following the same formalities you used to make your original will (see above).

(N.Y. Est. Powers & Trusts Law § 3-4.1 (2025).)

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find New York's laws about making wills here: New York Consolidated Laws Estates, Chapter 17-B Powers & Trusts, Article 3 Substantive Law of Wills, Part 2.

For more on New York estate planning issues, see our section on New York Estate Planning.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on New York wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as probate instructions to the surrogate's court. If you want to avoid probate in New York, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in New York?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in New York, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the surrogate's court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, New York gives you the option to deposit your will with the surrogate's court. If you choose to do so, your will be under seal, and no one will see it except you or anyone you authorize. (N.Y. Surr. Ct. Proc. Act § 2507 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Unlike most states, New York has an estate tax. The federal government also has an estate tax, but very few estates are wealthy enough to owe federal estate taxes. If your estate is large enough to owe state or federal estate tax, you should consider working with an estate planning attorney. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.