How do I make a valid will in New York?

Question

Accepted Answer

New York wills are governed by the Estates, Powers and Trusts Law (EPTL) Article 3 and the Surrogate's Court Procedure Act (SCPA).

1. Testator Requirements

Age: 18 or older (EPTL § 3-1.1).

Capacity: Sound mind and memory.

2. Strict Execution Formalities (EPTL § 3-2.1)

Testator must sign at the end of the will. Anything below the signature is generally disregarded.

Signing must be in the presence of each attesting witness, OR the testator must acknowledge the signature to each witness.

Testator must declare to each witness that the document is the testator's will (publication).

2 attesting witnesses must sign within one 30-day period after the testator signs or acknowledges.

Each witness must, at the testator's request, sign their name and affix their address.

3. Notarization

Not required for validity. A self-proving affidavit under SCPA § 1406, signed before a notary, allows the will to be probated without live testimony.

4. Holographic and Nuncupative Wills

Generally not allowed. Limited exception in EPTL § 3-2.2 for:

Members of the U.S. armed forces during armed conflict.

Mariners at sea.

Persons accompanying the armed forces.

These expire 1 year after discharge (or 3 years for mariners).

5. Interested Witnesses

A beneficiary-witness's gift is void unless the will would be valid with 2 other disinterested witnesses (EPTL § 3-3.2).

6. Intestacy (No Will)

EPTL § 4-1.1: Spouse with no children takes all; spouse with children takes the first $50,000 + 1/2 of the residue, with the balance to children.

7. Small Estate Threshold

Estates with personal property of $50,000 or less qualify for voluntary administration (small estate) under SCPA Article 13.

This is legal information, not legal advice.