How to Make a Will in New York

In New York, one can make a will by handwriting it, writing it themselves, employing the services of an estate planning attorney, or engaging LegalPen. This online will-writing company creates valid wills at an affordable cost. 

To create a will with LegalPen, contact us today. 

What are Steps to Create a Will in New York

To create a will in New York, here are the steps you should follow:

1. Decide the property you want to include in your will
2. Make a list of your property, assets
3. Make a list of your beneficiaries
4. Choose an executor who will be in charge of the administration of your estate
5. Choose a guardian for your children
6. If you have a pet, choose a guardian for your pet
7. Choose a reputable will-writing company, such as LegalPen, to create a valid will for you.
8. Execute the will in the presence of at least two witnesses who are not beneficiaries of your will. 

What Happens if I Don’t Have a Will?

If you do not have a will in New York, your estate will be governed by the New York intestacy laws. The intestacy laws stipulate that the spouse will inherit all the property if you have a spouse but no children. If you have children and a spouse, your spouse will inherit a portion of your estate, and the rest will be divided among your children.

Draft a will to avoid intestacy laws. LegalPen, an online will-writing company, provides affordable will-writing services. 

What are the Requirements for Writing a Last Will and Testament in New York?

The requirements for writing a last will and testament in New York include:

1. Age and Mental Capacity: The testator must be at least 18 years and of sound mind and reasoning.

2. Writing: The will must be in writing.

3. Signature: The testator must sign the will at the end of the document.

4. Witnesses: The will must be signed by at least two adults, and they should not be beneficiaries under the will. They must be present when you are signing the will. 

5. Revocation Clause: the will must have a revocation clause that explicitly revokes prior wills and codicils.

6. Executor: One must choose an executor to administer the estate after their death. 

How Often Should You Review and Update Your New York Will?

You should review and update your will every six months. It is advisable to revise and update the will using the services of a professional. LegalPen, an online writing service, offers revision and update services to our clients. 

How to revise and update your will in New York

You can revise or update a will by making a codicil. A codicil is a change or an addition to your will. The codicil must follow the same rules as a valid will. It is advisable to revise and update your will every six months.

At LegalPen, we provide revisions and updates to wills for our clients. 

What Makes a Will Valid in New York?

The essential requirements of a valid will in New York include:

1. The testator must be at least 18 years old
2. The will must be in writing
3. The testator must sign the will in the presence of at least two witnesses
4. The witnesses must be present when the testator signs the will. 
5. The witnesses must sign the will within 30 days of the testator’s signature.
6. The witnesses must be at least 18 years old. 

Can a Handwritten Will Be Valid in New York? 

A handwritten will is valid in New York, provided it meets all the statutory requirements. A will is valid if it is dated and signed by the testator and an additional two witnesses who are not mentioned as beneficiaries in the will. 

How Do I Sign My New York Will?

A will is a written instruction detailing a testator’s last wishes and testament. The testator must sign a will, the will’s maker, to be considered legal and valid.

The will is signed at the end of the document. When information is below the signature, the court will ignore it. 

The will must be signed in the presence of witnesses. According to EPTL 3-2-1, at least two witnesses must sign the will. The witnesses do not have to sign the will at exactly the same time as each other or simultaneously as the testator. Instead, the testator can either sign in front of the witnesses or acknowledge the witness or witnesses that the instrument is his Will. 

What Can I Include in an Online Will in New York?

LegalPen, an online writing company, crafts online wills for our clients in New York. The following are clauses you can include in an online will in New York:

1. Listing  beneficiaries
2. Listing Assets
3. Appointing an executor
4. Choosing a guardian for your minor children
5. Allocating specific bequests
6. Making provision for digital assets
7. Specifying outstanding debts and liabilities
8. Stipulating funeral and burial instructions

Types of assets covered in a New York will

The assets covered in a New York will include:

1. Real Property such as property, land
2. Personal Property, including furniture, electronics, paintings, boats, planes
3. Bank accounts
4. Digital Assets, including social media profiles, online accounts such as YouTube accounts
5. Investments such as mutual funds, stocks, bonds, and retirement accounts, among others
6. Intellectual property such as trademarks, patents, copyrights, and royalties\\
7. Life Insurance Policies 

Can I Revoke or Change My Will in New York?

Yes, you can revoke your will or change it. However, for the revocation or change to be considered valid, it must be done according to the New York state laws. The New York laws about making wills include the following: New York Consolidated Laws Estates, Powers and Trusts Article 3: Substantive Law of Wills Part 2. 

How do you Revoke or change your will in New York?

In New York, you can revoke your will by:

1. Burning, tearing, cutting, canceling, obliterating, mutilating or destroying the will;

2. Ordering someone else to burn, tear, cut, cancel, obliterate, mutilate, or destroy your will in front of you and two other witnesses;

3. Making a new will; or

4. Make a new writing that says you are revoking your will and following the same formalities you used to make your original will. 

If you need to change your will, you can revoke it and make a new one or amend it using an instrument called a codicil. The codicil should be made and executed like the original will. 

Can I Make a Digital or Electronic Will in New York?

Yes, you can make a digital or electronic will in New York. LegalPen, an online will writing company, can help you create a legally valid will in New York. The team at LegalPen knows the legal and formal requirements of making a will in New York. 

Who Can Witness a Will in New York?

Anyone can witness a will in New York. The witness must be an adult with a sound mind and reasoning, and they should not be a beneficiary under the will. 

Should My Will Name an Executor?

Yes, your will should name an executor. An executor should be someone you trust who can fulfill your last will and ensure your wishes and stipulations are carried out according to your will.  

What are the New York will executor requirements?

A New York executor must be:

1. At least 18 years old; and
2. Of sound mind- that is, not judged incapacitated by a court

Additionally, A New York probate court will reject a potential executor found to be unqualified because of ‘dishonesty, substance abuse, a want of understanding or improvidence.’ 

What Happens to a Will After Death in New York?

After death, the executor named in the will files for probate in the surrogate’s court in the court where the deceased was residing. The will goes through a probate process, and then the property is distributed according to the provisions in the will. 

What is the Impact of Marriage and Divorce on Your New York Will

According to New York, the Estates, Powers and Trusts Law, 5-1-4 states that divorce has the effect of revoking a will. Unless the governing document says otherwise, a divorce, including a judicial separation or annulment of marriage in New York, revokes any revocable disposition or property appointment made to the former spouse. 

Do all wills in New York have to go through probate?

Yes, all wills have to go through probate. Probate is the process of validating a will in the Surrogate’s Court. 

Is New York a community property state?

No, New York is a non-community property state. A community property state is where the state’s regulations governing the ownership and distribution of assets and debts within a marriage are to be divided equally after the dissolution of the marriage. In New York, upon dissolution of marriage, the property is divided according to the contribution made towards the acquisition of property. 

How is New York intestate succession done?

New York intestate succession is conducted in accordance with the intestacy laws. The assets are distributed to the deceased’s closest surviving relatives. 

How is Estate and Inheritance Tax in New York Done?

Estate and inheritance tax are considered during estate planning. For estates of the decedent who died on or after January 1, 2022, the estate tax threshold is $ 6,110,000. Estate tax rates in New York are progressive and range between 3% to 16%

What are the Differences Between a Simple Will and Last Will and Testament in New York

A simple will is a document made by a testator that details their wishes that will be executed upon their death whereas the last will and testament is usually prepared by persons with complex estates. In most circumstances, it infers that the will was made in the presence of an attorney.