{"id":375342,"date":"2016-03-31T21:36:07","date_gmt":"2016-04-01T02:36:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-wills-laws.html"},"modified":"2026-06-17T16:21:49","modified_gmt":"2026-06-17T21:21:49","slug":"new-york-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-wills-laws.html","title":{"rendered":"New York Wills Laws"},"content":{"rendered":"\n
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New York Wills Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A last will and testament<\/span> in New York<\/span> is a legal document<\/span> that allows an individual to dictate how to distribute their property and assets after their death. In a will, a testator<\/span> names beneficiaries<\/span>, appoints an executor, and names guardians for minor children<\/span>.<\/p>\n\n <\/div>\n\n\n\n

Your last will and testament<\/span>, or \u201cwill,\u201d is a legal document<\/span> that tells your survivors how you want your estate given away after your death. Your estate is the assets you own, such as real estate<\/span>, personal property<\/span>, financial accounts, retirement accounts, vehicles, and so on. With a valid will<\/span>, you decide who inherits your assets, who you nominate as guardian for your minor children<\/span>, and who will administer your estate.<\/p>\n

A will gives you control over these important decisions. Without one, the court applies state laws<\/span> to make them for you. In addition, a will can promote peace and understanding among your family members<\/span> and loved ones<\/span>, a generous gift at a difficult time in their lives. This article discusses how to make a valid will<\/span> in New York<\/span>, the probate<\/span> process<\/span>, the pros and cons of a will-based estate plan<\/span>, and some of the unique features of New York<\/span> will<\/span> law.<\/p>\n

Requirements of a Valid Will<\/span> in New York<\/span><\/h2>\n

New York<\/span> law<\/span><\/a> does not provide a statutory will form, but it does detail exactly how a will must be signed and witnessed. For a will to be valid, New Yorkers<\/span> must follow these formal requirements<\/span>, sometimes referred to as the \u201csigning ceremony,\u201d as well as other statutory requirements.<\/p>\n

A person must have legal capacity<\/a> to make a will in the state of <\/span>New York<\/span>. This includes being at least 18 years old<\/span> and of sound mind<\/span> and memory. Except for holographic and nuncupative<\/span> wills, a will must be a written document<\/span> and meet specific execution and attestation requirements<\/a>. This means the written will must be:<\/p>\n