How to Make a Will in New York (2026 Guide)

A will made in New York must be signed by you and by 2 witnesses to be valid. Yes (N.Y. Surr. Ct. Proc. Act § 1406 (affidavit of attesting witnesses)). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free New York will covers, generated from the same rules.

Make my free New York will

New York will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	N.Y. Est. Powers & Trusts Law § 3-2.1
Financial POA statute	N.Y. Gen. Oblig. Law § 5-1501 et seq. (statutory short form power of attorney, as amended effective June 13, 2021; form at § 5-1513)
Healthcare directive statute	N.Y. Pub. Health Law § 2980 et seq. (health care proxy; optional form at § 2981(5)(d)); New York has no living will statute

Witnesses

Two witnesses. The testator must sign at the end of the will (or acknowledge the signature) in the presence of each attesting witness, declare to them that the instrument is the testator's will ('publication'), and at least two attesting witnesses must sign at the testator's request within 30 days of each other and add their residence addresses (N.Y. Est. Powers & Trusts Law § 3-2.1(a)). Anything written below the signature is disregarded. Use adult witnesses who take nothing under the will: a gift to an attesting witness is void unless there are at least two other disinterested witnesses, although the interested witness may still take up to his or her intestate share (N.Y. Est. Powers & Trusts Law § 3-3.2). The safest practice is for everyone to sign together in one sitting with the notary present for the affidavit.

Do you need a notary in New York?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (N.Y. Surr. Ct. Proc. Act § 1406 (affidavit of attesting witnesses)). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in New York

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The testator must sign at the end of the will (or acknowledge the signature) in the presence of each attesting witness, declare to them that the instrument is the testator's will ('publication'), and at least two attesting witnesses must sign at the testator's request within 30 days of each other and add their residence addresses (N.Y. Est. Powers & Trusts Law § 3-2.1(a)). Anything written below the signature is disregarded. Use adult witnesses who take nothing under the will: a gift to an attesting witness is void unless there are at least two other disinterested witnesses, although the interested witness may still take up to his or her intestate share (N.Y. Est. Powers & Trusts Law § 3-3.2). The safest practice is for everyone to sign together in one sitting with the notary present for the affidavit.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (N.Y. Surr. Ct. Proc. Act § 1406 (affidavit of attesting witnesses)). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. New York allows a testator to deposit a will with the Surrogate's Court of the county of residence for safekeeping during the testator's lifetime; it is sealed and released only to the testator or, after death, opened and filed (N.Y. Surr. Ct. Proc. Act § 2507). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take the greater of $50,000 or one-third of the net estate, which includes testamentary substitutes such as joint accounts, Totten trusts, revocable trusts and certain retirement assets (N.Y. Est. Powers & Trusts Law § 5-1.1-A). The spouse also receives exempt property (N.Y. Est. Powers & Trusts Law § 5-3.1).

Homestead

No special restriction on devising a homestead by will; New York's homestead exemption from creditors is in N.Y. C.P.L.R. § 5206, and the surviving spouse receives exempt property under N.Y. Est. Powers & Trusts Law § 5-3.1.

If you die without a will in New York

If you die without a will in New York, your spouse takes everything if you leave no issue (children or their descendants). If you leave issue, the spouse takes the first $50,000 plus half of the balance and your issue take the rest, by representation (N.Y. Est. Powers & Trusts Law § 4-1.1). With no spouse, everything passes to issue, then parents, then siblings and their issue. More on intestacy.

Other estate-planning documents in New York

• Durable financial power of attorney: N.Y. Gen. Oblig. Law § 5-1501 et seq. (statutory short form power of attorney, as amended effective June 13, 2021; form at § 5-1513). A statutory short form power of attorney must be typed or printed in at least 12-point type, signed and dated by the principal (or by another at the principal's direction in the principal's presence), acknowledged before a notary public, AND signed by two adult witnesses who are not named as agents or permitted recipients of gifts; the notary may serve as one witness (N.Y. Gen. Oblig. Law § 5-1501B). The form must substantially conform to the statutory wording, and the agent must sign before a notary before acting. Record it with the county clerk before using it for real estate.
• Advance healthcare directive: N.Y. Pub. Health Law § 2980 et seq. (health care proxy; optional form at § 2981(5)(d)); New York has no living will statute. A health care proxy must be signed and dated by the principal (or by another adult at the principal's direction) in the presence of two adult witnesses, who also sign and state that the principal appeared to execute it willingly and free from duress; the appointed agent may not be a witness, and special witness rules apply to residents of mental health facilities (N.Y. Pub. Health Law § 2981(2)). Notarization is not required. The Department of Health form is optional. New York has no living will statute; a written statement of treatment wishes is honored under case law if it provides clear and convincing evidence (Matter of Westchester County Medical Center (O'Connor), 72 N.Y.2d 517 (1988)).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

New York notes

• The will must be signed at the very end, and witnesses must add their addresses (N.Y. Est. Powers & Trusts Law § 3-2.1); the two witnesses must sign within 30 days of each other.
• New York does not recognize a separate personal property memorandum; list gifts of specific items in the will itself.
• New York recognizes holographic (unwitnessed) wills only for members of the armed forces during service and mariners at sea (N.Y. Est. Powers & Trusts Law § 3-2.2).
• New York has no living will statute; written treatment wishes are honored under the clear and convincing evidence standard, so state them in the health care proxy.

Frequently asked questions

How many witnesses does a will need in New York?

New York requires 2 witnesses (N.Y. Est. Powers & Trusts Law § 3-2.1). Two witnesses. The testator must sign at the end of the will (or acknowledge the signature) in the presence of each attesting witness, declare to them that the instrument is the testator's will ('publication'), and at least two attesting witnesses must sign at the testator's request within 30 days of each other and add their residence addresses (N.Y. Est. Powers & Trusts Law § 3-2.1(a)). Anything written below the signature is disregarded. Use adult witnesses who take nothing under the will: a gift to an attesting witness is void unless there are at least two other disinterested witnesses, although the interested witness may still take up to his or her intestate share (N.Y. Est. Powers & Trusts Law § 3-3.2). The safest practice is for everyone to sign together in one sitting with the notary present for the affidavit.

Does a will need to be notarized in New York?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does New York have a self-proving affidavit?

Yes (N.Y. Surr. Ct. Proc. Act § 1406 (affidavit of attesting witnesses)). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in New York?

New York does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in New York?

A surviving spouse cannot be completely disinherited. The spouse may elect to take the greater of $50,000 or one-third of the net estate, which includes testamentary substitutes such as joint accounts, Totten trusts, revocable trusts and certain retirement assets (N.Y. Est. Powers & Trusts Law § 5-1.1-A). The spouse also receives exempt property (N.Y. Est. Powers & Trusts Law § 5-3.1).

What happens if I die without a will in New York?

If you die without a will in New York, your spouse takes everything if you leave no issue (children or their descendants). If you leave issue, the spouse takes the first $50,000 plus half of the balance and your issue take the rest, by representation (N.Y. Est. Powers & Trusts Law § 4-1.1). With no spouse, everything passes to issue, then parents, then siblings and their issue.

Is a no-contest clause enforceable in New York?

New York enforces no-contest clauses, but by statute they do not apply to a contest alleging forgery or revocation by a later will if brought with probable cause, to a contest on behalf of an infant or incompetent, to a construction proceeding, to a refusal or failure to join a contest, or to preliminary examination of witnesses under SCPA § 1404 (N.Y. Est. Powers & Trusts Law § 3-3.5).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.