How to Write a Will in New York: A Complete Guide by Rosen Law LLC

When securing your legacy, there aren’t many legal documents more important than a will. At Rosen Law LLC, we help New Yorkers understand the complications of estate planning with confidence. Whether you’re just starting the process or need help updating an existing will, this guide will walk you through everything you need to know about writing a will specifically for New York—and how we can help make it easier.

 

Why Having a Will Matters

Creating a will isn’t just for the wealthy—it’s for anyone who wants to decide what happens to their property, dependents, and final wishes. In New York, a properly executed will ensures your assets go to the people and causes you care about, and that your loved ones avoid unnecessary legal complications.

Without a will, New York intestate laws dictate how your estate is distributed, often in ways that don’t reflect your personal wishes. That’s why it’s really important to have a valid, up-to-date will—and why many turn to Rosen Law LLC for guidance in this area.

 

What Happens If You Die Without a Will in New York?

If you die intestate (without a will), New York law distributes your estate based on a fixed order of priority:

• Your spouse receives the first $50,000 plus half of the remaining estate.
• The rest goes to your children.
• If you have no spouse or children, your parents or other relatives inherit.

 

This process can be lengthy and emotionally draining to go through without guidance from a professional. Worse, it may go against what you actually wanted. At Rosen Law LLC, we help our clients avoid these outcomes by creating their wills custom-made to their wishes

Legal Requirements for a Valid Will in New York

New York has specific rules for creating a valid will:

1. Age and Mental Capacity

You must be at least 18 years old and of sound mind and memory.

2. Written Format and Signature

Your will must be in writing and signed at the end by you or someone else at your direction.

3. Witness Requirements

You need two witnesses who must watch you sign (or acknowledge your signature) and then sign the will themselves.

4. Optional: Notarization and “Self-Proving” Wills

While notarization isn’t required, a self-proving affidavit signed in front of a notary can speed up probate and lower your challenges. Rosen Law LLC can handle these documents for you to ensure everything is legally airtight.

 

How to Create a Will in New York: Step-by-Step

Creating a will doesn’t have to be a bad experience! Once you lay it all out, it all becomes quite clear. Here’s how it works:

Step 1: List Your Assets

Include bank accounts, real estate, personal property, and digital assets.

Step 2: Choose Your Beneficiaries

Decide who will inherit your property.

Step 3: Appoint an Executor

This person will manage your estate. Choose someone responsible and trustworthy.

Step 4: Write the Will

Use proper legal language and make sure all elements meet New York will requirements.

Step 5: Sign the Will with Witnesses

You and your witnesses must sign the will correctly to validate it.

Step 6: Store the Will Safely

Let your executor know where it is.

At Rosen Law LLC, we will personally guide you through each of these steps to ensure nothing is missed, and everything goes according to your plan.

Using NY State Will Forms and Templates

There are free and paid New York state will forms and templates available online.

Pros:

• Convenient
• Low-cost or free

Cons:

• May not cover complex needs
• Risk of invalidity if not executed properly

While templates can be a starting point, we recommends legal review to avoid expensive mistakes.

 

Can You Write a Will Without a Lawyer in NY?

Yes—you can write a will without a lawyer, but DIY wills come with risks:

• You might overlook key legal requirements.
• Your language could be unclear or contradictory.
• You risk the will being declared invalid in court.

We recommend working with an experienced estate attorney, especially if you have children, a large estate, or specific wishes. Our team here at Rosen Law LLC provides cost-effective legal support created specifically to your situation.

 

Are Handwritten Wills Legal in New York?

Holographic Wills:

• Only valid for members of the armed forces and mariners at sea under limited conditions.
• Must be entirely in your handwriting and signed.

In most cases, handwritten wills are not recommended due to the high risk of invalidation. If you’re unsure whether your will meets the legal standard, feel free to reach out to our team today.

 

How to Change or Revoke a Will in New York

Changing a Will

If you need to update your will—like changing beneficiaries or adding new assets—you can use a codicil, which is a legal amendment to your existing will. A codicil must be signed and witnessed just like the original will.

Revoking a Will

You can revoke a will in two main ways:

• Create a New Will: A new will should clearly state that it revokes all previous wills.
• Physically Destroy the Old Will: Tearing, burning, or otherwise destroying the old will, with the intent to revoke it, is legally effective.

Making changes to your estate plan needs to be done carefully to avoid future problems. Rosen Law LLC can help you properly update or revoke your will, ensuring your wishes are clear, valid, and fully protected.

 

Understanding Estate and Inheritance Taxes in New York

NY Estate Tax Threshold (as of 2025):

• Estates over $6.94 million may be subject to estate tax.

Inheritance Tax:

• New York does not have an inheritance tax, but federal rules may apply.

If your estate is near or above the tax threshold, Rosen Law LLC can help you plan strategies to minimize your tax liability.

 

Best Practices for Storing Your Will

Your will should be:

• Stored in a fireproof safe or safe deposit box
• Shared with your executor
• Registered with a lawyer or estate planning service

We offer secure document storage options and detailed guidance for executors.

 

Frequently Asked Questions (People Also Ask)

Do I need a lawyer to make a will in New York?
Not legally—but a lawyer helps ensure it’s done correctly.

Can I write my own will in New York?
Yes, but it must meet specific legal requirements.

What are the legal requirements for a valid will in New York?
You must be 18+, mentally competent, and have two witnesses.

Are handwritten wills valid in New York?
Only under specific circumstances, like active military service.

Does a will need to be notarized in New York?
Not required, but notarization can make it “self-proving.”

How do I change or update a will in New York?
Use a codicil or create a new will that revokes the old one.

What happens if I die without a will in New York?
Your estate will be distributed according to state intestacy laws.

Conclusion: Protect Your Legacy with Rosen Law LLC

Whether you’re drafting your first will or revisiting an outdated one, don’t leave your future to chance. A properly written document will ensure your wishes are honored and your loved ones are protected.

Rosen Law LLC specializes in estate planning for New Yorkers, offering personalized legal support for wills, trusts, probate, and more! Contact us for a completely free consultation today to see exactly how we can get started on helping you.