Last Will and Testament in New York

Federal & State Law Editorial TeamLast reviewed: April 2026

New York Requirements

  • Testator must be 18 or older and of sound mind
  • Must be signed by the testator at the end of the document
  • Two attesting witnesses must sign within 30 days of the testator's signature
  • Holographic wills are NOT recognized (except for armed forces members during military service)
  • Surviving spouse has an elective share right of the greater of $50,000 or one-third of the net estate
Filing Location

Surrogate's Court

Filing Fee

$45–$1,250 (based on estate value)

How to Complete This Form

  1. 1List all of your assets, including real property, bank accounts, investments, and personal property.
  2. 2Decide how you want your assets distributed and name your beneficiaries.
  3. 3Appoint an executor (personal representative) to manage your estate after death.
  4. 4If you have minor children, name a guardian for them.
  5. 5Draft the will using your state's required format and language.
  6. 6Sign the will in the presence of the required number of witnesses and, if desired, execute a self-proving affidavit.
  7. 7Store the original will in a safe location and inform your executor of its location.

Download Form Template

Download a template for the Last Will and Testament customized with New York-specific requirements and instructions.

Last Will and Testament in Other States

Other Forms in New York

When to Talk to a Lawyer

  • You have a blended family, children from multiple marriages, or beneficiaries with special needs.
  • Your estate includes business interests, property in multiple states, or assets that may trigger estate taxes.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.