How to Make a Valid Will

A will is the foundation of most New York estate plans, but a document is only useful if it is actually valid. New York applies specific execution rules, and getting them wrong can send your estate to Surrogate’s Court with the wrong outcome. Use this checklist to make a will that holds up.

Step 1: Meet the Basic Requirements (EPTL 3-2.1)

Under EPTL §3-2.1, a valid New York will must be:

• In writing (handwritten or typed; New York does not recognize most oral or unwitnessed handwritten wills for ordinary use).
• Signed by you at the end of the document, so nothing should follow your signature.
• Witnessed by two people who sign within 30 days of each other after you declare the document is your will.

You must also be at least 18 and of sound mind.

Step 2: Choose Witnesses Carefully

Pick two adults who are not beneficiaries. Under New York’s interested-witness rule, a gift to a witness can be voided even though the will itself stays valid. Neutral witnesses keep the document clean and easier to admit to probate.

Step 3: Name the Right People

• Executor: the person who will gather assets, pay debts, and distribute your estate through Surrogate’s Court under the SCPA.
• Guardian: who raises your minor children.
• Beneficiaries: who receives what, with backups in case someone predeceases you.

Step 4: Understand What Happens Without One

If you die without a valid will, New York’s intestacy rules under EPTL Article 4 decide everything. A surviving spouse and children share the estate by formula, and unmarried partners receive nothing. Many people are surprised that intestacy does not simply give everything to a spouse. A will lets you control the result instead.

Step 5: Sign With a Self-Proving Affidavit

New York lets your witnesses sign a self-proving affidavit before a notary at the same time. This is optional but smart: it can spare your witnesses from being tracked down years later to testify in Surrogate’s Court, speeding up probate considerably.

Step 6: Coordinate Beyond the Will

Remember that a will does not control everything. Jointly titled property, retirement accounts, and life insurance pass by title and beneficiary designation. Assets in a revocable living trust under EPTL Article 7 avoid probate altogether. Review these so your will and your beneficiary forms tell the same story.

Step 7: Store It and Keep It Current

• Keep the signed original safe; courts generally need the original, not a copy.
• Tell your executor where it is.
• Update after marriage, divorce, births, deaths, or a move to or from New York.

A Note for New Yorkers

Because Surrogate’s Court applies the EPTL §3-2.1 formalities strictly, a small signing error can cost your family time and money. A New York estate planning attorney can supervise execution so your will is valid and ready to probate. This article is general information, not legal advice for your situation.