Will writing service in New York
Discover peace of mind and convenience in writing your will online by contacting LegalPen. Whether you are an individual looking to protect your loved ones, a same-sex couple, or a couple looking to protect your minor children and pets, our easy-to-use website allows you to create a valid will.
How much does it cost to write a will in New York?
The average cost for writing a will in New York ranges from $400 to $1500. The cost depends on the complexity of the estate, the method of execution chosen by the testator, and the attorney fees. Attorney fees depend on the attorney you work with and their billing policy.
Can I write a will without a lawyer in New York?
Yes, you can write a will without a lawyer in New York by writing the will by yourself or employing the services of LegalPen, an online will writer.
Writing the will yourself may expose it to unenforceability because, as much as you choose to write the will yourself, it must comply with the New York Code. Failure to comply with the New York laws makes the will invalid.
LegalPen will ensure you will comply with the New York estate planning laws, and it reflects your wishes and needs.
Is It Legal to Write Your Own Will in New York?
Yes, it is legal to write your own will so long as you are at least 18 years old and of sound mind. Additionally, you must sign the will before two attesting witnesses. The witnesses must be adults of sound mind and reasoning and sign the will as witnesses.
Does a Will in New York need to be notarized?
No, a will must not be notarized to be valid in New York. However, a party intending to add additional security to the will can have it notarized before a notary public. The testator and the witnesses must go to a notary public who will confirm their identities.
After confirming your identity, the notary public will supervise signing an affidavit, which will be attached to the will.
Do I Need a Lawyer to Make a Will in New York?
No, you do not need a lawyer to make a will in New York. You can make the will by yourself. Here are some things you can include in the will:
- A list of your assets
- A list of your beneficiaries
- Executor
- Guardian for your minor children
- Guardian for your pets
- Funeral wishes
Do I Need a Lawyer to File a Will in New York?
No, you do not need a lawyer to file a Will in New York. Individuals can file their will with the Surrogate’s Court of the County where they reside for safekeeping.
Are Online Wills Legal in New York?
Yes, online wills are legal in New York as long as they are legal and valid. A legal will is a written document stating that it is your will, dated and signed by you and signed by two witnesses who are not beneficiaries of your will.
How to Include Digital Assets in a New York Will
You can include digital assets in a New York Will by making an inventory of them. Digital assets in New York include website content, blogs, domain names, email accounts through business or web providers such as Gmail, Text messages and online chat conversations, YouTube accounts, and other online video channels with monetized and sponsored content.
After making an online inventory, choose an executor of your digital assets. The executor will be in charge of managing your digital assets and distributing them to your beneficiaries.
How to Disinherit Someone in a New York Will
You can disinherit someone in a New York will by changing the will and removing them as beneficiaries. The changes are made using a codicil. After making a change, the amendment should be dated and signed by yourself and two independent witnesses who are not included as beneficiaries in the will.
How to Handle Debts and Liabilities in a New York Will
You can handle debts and liabilities by clearly enumerating known debts and liabilities in the will and outlining the order in which the debate should be paid and the proceeds from which the debts and liabilities should be paid.
How to Provide for Minor Children in a New York Will
You can provide for your minor children in New York by appointing a guardian to look after them after your demise. Additionally, you can name them as beneficiaries in your will and bequeath them assets from your estate.
How to Store Your New York Will Safely
It is recommended that you store your will where it is accessible when probate of your estate occurs. You can keep your original will in your lawyer’s office. Estate lawyers have safes in their offices dedicated to storing wills for their clients.
How to Contest a Will in New York
You can contest by seeking pre-objection through SCPA 1404 examinations. After conducting your SCPA 1404 examinations, the process typically involves filing verified objections with the surrogate’s court in New York and going through the discovery process.
It is advisable to seek the services of an attorney to contest a will.
What are No-Contest Clauses in New York Wills?
A no-contest clause is a clause in a will that states that no beneficiary will contest the provisions of the will. Further, any person who contests the will will be disinherited.
An example of a no-contest clause:
“If any beneficiary under this will seeks to obtain in any proceedings in any court an adjudication that this will or any of its provisions is void, or seeks otherwise to void, nullify, or set aside this will or any of its provisions, then right of that person to take any interest given to him or her by this will….”
What is the difference between probate in New York and Pennsylvania?
All estates worth over $ 50,000 in New York are subject to probate process. The smaller estates go through a simplified version of probate. The probate process is necessary for validating a deceased’s will.
In Pennsylvania, the probate process is only necessary when the deceased owned assets, whether real estate or finances, solely in their name and without a beneficiary designated.
How to Handle Foreign Property in a New York Will
You can handle foreign property in a New York will by introducing a foreign will that provides the foreign property. A foreign will can be admitted to probate in New York in so far as it is a valid will in New York governed by EPTL 2-3-1, the laws of the jurisdiction where the will was executed, or the laws of the jurisdiction where the testator was domiciled (EPTL 3-5,1)
How to Make a Will for Same-Sex Couples in New York
Creating a will for same-sex couples in New York is similar to creating one for any couple. The couple can either make a joint or mutual will. To create a valid will in New York, it must be in writing and witnessed by at least two individuals. In the will, the couple should list their assets, choose an executor, consider guardianship for minors, include specific bequests, and address any tax implications that their estate may incur.
How to Plan for Pet Care in Your New York Will
You can plan for pet care in New York by choosing a trustee or person to care for your pet after your demise. You may leave money to the person to facilitate the care of the pet. Alternatively, you may locate a shelter or humane organization to adopt your pet after your demise.
How to Handle Business Succession in a New York Will
Owners of a business or a corporation should plan the succession of a business to ensure a smooth transition even after their death. The options available to business owners include leaving their property to a family member or an employee or selling it to a competitor or strategic partner.
When leaving property to a family member, the business owner should include the business as a bequest in a will to a beneficiary; if leaving the property to a business partner or an employee, the business owner can draft a business succession plan or a buyout agreement.
How to Handle Out-of-State Property in a New York Will
You can handle out-of-state property by including the property that is out of state in your New York will. A New York will that conforms to the requirements set by the state will be considered valid in every state. However, the probate proceedings for the property located out of state will be disposed of according to the laws of the state where the property is located.
What is the difference between Holographic Wills and Statutory Wills?
A statutory will is known as a simple will. The difference between a holographic and a statutory will is that a holographic is entirely handwritten, whereas a simple will is typed on a computer. Both wills are effective and legal so long as they meet the formal requirements of a valid will.
Meet the Author
Annie L – Distinguished linguist at LegalPen
Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.
Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.