How to Make a Valid Will in New York
New York has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in NY.
New York Will Requirements at a Glance
Who Can Make a Will in New York?
You must be at least 18 years old to make a will in New York. No statutory exceptions for minors. The testator must be of sound mind and memory: understand the nature and consequences of making a will, know the nature and extent of their property, and know the natural objects of their bounty
Signing Requirements
Must be in writing. Can be typed or printed. Holographic wills only recognized for military/mariners. If you are physically unable to sign, Another person may sign the testator's name in the testator's presence and at the testator's direction. The testator must sign or acknowledge at the end of the will (EPTL § 3-2.1).
Witness Requirements in New York
New York requires 2 witnesses. Must be competent persons at least 18 years old. The testator must declare to each witness that the instrument is their will. Each witness must sign within 30 days of attestation. Witnesses must sign at the testator's request.
Interested witnesses: A bequest to an attesting witness is void unless there are two other disinterested witnesses. The interested witness may still serve as a witness, and the rest of the will remains valid (EPTL § 3-3.2)
Notarization in New York
Notarization is not required for a will to be valid in New York. Not required. New York uses an attestation clause rather than a self-proving affidavit
Handwritten (Holographic) Wills
New York does recognize holographic wills. Only for: (1) members of the armed forces during a conflict, (2) persons serving with or accompanying armed forces, or (3) mariners at sea. Such wills expire after specific time periods (EPTL § 3-2.2)
Electronic Wills
New York recognizes electronic wills. New York signed an electronic wills law in 2025 (S2224/A1614), effective December 2027. Will allow electronic execution and remote witnessing via audio-video technology
Oral (Nuncupative) Wills
Only for the same limited classes as holographic wills: armed forces members and mariners at sea. Must be made during last sickness or in fear of imminent death (EPTL § 3-2.2)
How to Revoke a Will in New York
In New York, a will can be revoked by:
- •Executing a subsequent will that expressly revokes the prior will
- •Physical act of burning, tearing, cutting, canceling, obliterating by the testator or by another at the testator's direction and in their presence
- •A later will revokes a prior will to the extent of inconsistency
EPTL § 3-4.1. Marriage does not revoke a pre-existing will, but divorce revokes provisions for the former spouse
Special Provisions in New York
New York is a separate property/common law state. Surviving spouse has a right of election of the greater of $50,000 or one-third of the net estate (EPTL § 5-1.1-A). New York requires the testator's signature at the end of the will — provisions after the signature are invalid. Publication requirement: testator must declare to witnesses that the instrument is their will
Relevant New York Statutes
- EPTL § 3-1.1 (Who may make a will)
- EPTL § 3-2.1 (Execution and attestation of wills)
- EPTL § 3-2.2 (Nuncupative and holographic wills)
- EPTL § 3-3.2 (Interested witnesses)
- EPTL § 3-4.1 (Revocation)
- EPTL § 5-1.1-A (Right of election by surviving spouse)
- SCPA § 1406 (Proof of wills)
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