Online will kits promise a complete estate plan for the price of a dinner out. For some New Yorkers, a simple document is genuinely fine. For many, a DIY plan creates problems that surface only after death — when they cannot be fixed. Use this checklist to decide honestly which camp you are in.
Where DIY Goes Wrong in New York
New York has strict execution rules. Under EPTL §3-2.1, a will must be signed at the end, in the presence of two witnesses, with specific formalities. A surprising number of DIY wills fail in Surrogate’s Court because the signing was botched — wrong witnesses, missing attestation, or signatures in the wrong place. An invalid will is treated as no will at all, sending your estate through New York’s intestacy statute (EPTL Article 4), which distributes assets by formula — not by your wishes.
The Funding Trap
Even a DIY revocable trust (EPTL Article 7) is worthless if you never transfer assets into it. Online templates rarely walk you through retitling your New York home, accounts, and beneficiary designations. An unfunded trust avoids nothing — your estate still goes through probate.
The Tax Cliff DIY Tools Ignore
DIY platforms almost never flag New York’s estate tax. The 2026 exclusion is $7,350,000, but estates exceeding roughly $7,717,500 fall off a “cliff” and lose the exclusion entirely — taxing the whole estate, not just the overage. Higher-net-worth New Yorkers need irrevocable planning that no template offers. The same is true for Medicaid planning, where irrevocable trusts trigger a five-year look-back that must be timed deliberately.
When DIY Is Reasonable
- Your assets are modest and well under the estate tax threshold.
- Your wishes are simple — everything to a spouse or split evenly among adult children.
- No minor or disabled beneficiaries, no blended family, no business.
- You will still execute the will with proper New York formalities.
When You Need an Attorney
- You have minor children needing guardianship and trusts, or a disabled heir needing an EPTL §7-1.12 supplemental needs trust.
- You are a blended family or have a spouse’s elective share (EPTL §5-1.1-A) to plan around.
- Your estate is near or above the New York tax cliff, or you are considering Medicaid planning.
- You own a business, out-of-state property, or complex assets.
- You want a durable power of attorney on New York’s current statutory form (GOL §5-1513) and a valid health care proxy (PHL Article 29-C) — forms banks and hospitals will actually accept.
The Hidden Cost Comparison
A DIY plan is cheaper today and potentially far more expensive later: a contested probate, a failed trust, or an avoidable estate tax can cost the family many times what a properly drafted plan would have. “Done right” means valid, funded, coordinated, and current.
Consult a New York attorney. If your situation is anything beyond simple, a New York estate planning attorney can ensure your documents are valid, funded, and aligned with current New York law — the difference between a plan that works and one that only looks finished.
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