Estate plan requirements

New York

Everything you need to create a valid estate plan in New York: wills, trusts, powers of attorney, and healthcare directives.

Will

Trust

POA

2W + N

Healthcare Dir.

E-will

Not adopted

Online notary (RON)

Authorized

Since 2021

Remote witnessing (ROW)

Not authorized

Community property

Minimum age

2W + N = 2 witnesses + notarization2W = 2 witnesses, no notarization

N = notarization, no witnesses— = no formal requirements

Will

Witnesses: 2 required

Two attesting witnesses must sign within 30 days of each other and in the presence of the testator

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

New York does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

State-specific notes

•Holographic wills only valid for military personnel and mariners at sea

Living Trust

Witnesses: 2 required

Trust must be in writing and either acknowledged before a notary OR signed before two witnesses (EPTL 7-1.17)

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Conditional execution: Special rule

acknowledgment before notary OR two witnesses

State-specific notes

•Unless the settlor is also the sole trustee, at least one trustee must also execute and acknowledge the trust instrument (EPTL 7-1.17)

•Both execution paths are equally valid — acknowledgment (notary) is typically more convenient

Durable Power of Attorney

Witnesses: 2 required

New York requires 2 witnesses for power of attorney execution

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Requires both two witnesses AND a notary — N.Y. Gen. Oblig. Law §5-1501B

•2021 law change added the witness requirement; pre-2021 POAs without witnesses remain valid

Healthcare Directive

Witnesses: 2 required

New York requires 2 witnesses for healthcare directive execution

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

•Two witnesses required — N.Y. Pub. Health Law §2981

•Witnesses cannot be the agent

Electronic will status

New York has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Remote online notarization

New York authorized remote online notarization (RON) in 2021. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in New York for guidance specific to your situation.

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