New York will requirements

Minimum Age Requirement

• 18 years old
• Reference: New York Estates, Powers and Trusts Law (EPTL) § 3-1.1

Mental Capacity Requirements

• The testator must be of "sound mind and memory"
• Must have testamentary capacity:

- Understanding the nature and consequences of making a will - Understanding the nature and extent of their property - Knowing the natural objects of their bounty - Understanding how the will disposes of property

Signature Requirements

• The will must be signed by the testator at the end of the will
• If the testator is unable to sign, another person may sign the testator's name in their presence and at their direction
• The signature must be affixed at the end of the will
• Reference: EPTL § 3-2.1

Witness Requirements

• Two (2) attesting witnesses required
• Witnesses must sign within 30 days of each other
• The testator must sign or acknowledge the will in the presence of each witness
• The testator must, at some time during the ceremony, declare to each witness that the instrument is their will
• Witnesses must sign at the testator's request
• Interested witnesses: Do not invalidate the will, but the interested witness may forfeit their bequest unless there are two other disinterested witnesses (EPTL § 3-3.2)
• Reference: EPTL § 3-2.1

Notarization Requirements

• Not required for a will to be valid
• Notarization is required for self-proving affidavits

Holographic (Handwritten) Wills

• NOT valid in New York (with limited exceptions)
• New York does not recognize holographic wills except for:

- Members of the armed forces during wartime - Mariners at sea

• These exceptions expire after specific time periods
• Reference: EPTL § 3-2.2

Video Wills

• NOT valid as a standalone will
• Video recordings cannot substitute for a written will

Self-Proving Affidavit Requirements

• A will may be made self-proving at execution
• Requires a written affidavit by the testator and witnesses signed and notarized at execution
• The affidavit attests to proper execution
• A self-proving will may be admitted to probate without witness testimony
• Reference: EPTL § 3-2.1(a)(4)

Guardian Designation

Naming a Guardian in Your Will

• A will is the primary legal mechanism for designating a guardian for minor children
• The court gives strong weight to your named choice but always applies a "best interests of the child" standard
• Name both a primary guardian and an alternate guardian in case your first choice is unable or unwilling to serve

What Courts Consider

• Your expressed preference (named in will)
• The guardian's relationship with the child
• The guardian's ability to provide care, stability, and continuity
• Geographic proximity and disruption to the child's life
• The child's own preferences (typically considered for children 12+, varies by state)

Limitations

• A guardian named in a will is not automatically appointed — probate court must formally appoint them
• Courts can override your named guardian if circumstances warrant
• A guardian cannot be legally appointed until the court acts — name a standby guardian or make arrangements for immediate temporary care

Best Practices

• Discuss your choice with the person before naming them
• Consider naming successor guardians
• Update your will if your chosen guardian's circumstances change

New York-Specific Notes

• SCPA § 1711 — guardian named in will given preference; no standby guardian statute but courts act quickly

Digital Assets

Authorization in Your Will

• RUFADAA adopted: Yes (2016)
• Under RUFADAA, you can authorize your executor to access, manage, distribute, or delete digital assets in your will
• Without explicit authorization, digital service providers may deny access even to executors

What to Include in Your Will

• Online accounts (email, social media, cloud storage)
• Cryptocurrency and digital wallets (include instructions for accessing private keys separately — never in the will itself, which becomes public record)
• Domain names, websites, online businesses
• Digital photos, files stored in cloud services
• Subscription services and stored value accounts

Key Guidance

• Name your digital executor explicitly if possible (can be same as your main executor)
• Store login credentials and recovery keys in a secure password manager or safe deposit box — reference the location in your will without listing the credentials themselves
• Review digital asset provisions with beneficiaries so they know what exists

Electronic Wills (E-Wills)

What is an Electronic Will?

An electronic will (e-will) is a will created, signed, and witnessed entirely in digital form — using electronic signatures and remote online witnessing or notarization. This is distinct from a video will (a video recording), which is not valid anywhere.

New York Status

• E-wills: Not established — New York has not enacted e-will legislation
• A traditional paper will with physical signatures and in-person witnesses is required
• Electronic signatures on a will are not recognized

> Note: Electronic will laws are evolving rapidly across the US. Several states have enacted legislation since 2017. Verify current New York law before assuming e-wills remain unavailable.

Official sources

• New York Estates, Powers and Trusts Law ↗
• New York State Unified Court System ↗