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Where to Store Your Will Safely in New York

The safest place to store your will in New York is somewhere that is secure, fireproof, and — most importantly — findable by the right person after you die. For most single New Yorkers, that means keeping the signed original with your attorney, in a fireproof home safe, or on deposit with the Surrogate’s Court, […]

What Makes a Will Invalid in New York?

A will is invalid in New York when it fails to meet the strict execution requirements of the New York Estates, Powers and Trusts Law (EPTL) §3-2.1 — most commonly because it was not signed at the end by the testator, was not witnessed by at least two attesting witnesses, the witnesses did not sign […]

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

If you die without a will in New York, the State of New York writes one for you. Your property does not go to the people you would have chosen, the charities you cared about, or the friend who was closer to you than any relative. Instead, it passes according to a rigid statutory formula […]

How to Make a Will Legally Valid in New York (EPTL §3-2.1)

To make a will legally valid in New York, you must follow the formal execution rules in the New York Estates, Powers and Trusts Law (EPTL) §3-2.1: the will must be in writing, you (the testator) must sign it at the end of the document, you must declare to your witnesses that the instrument is […]

How Many Witnesses Does a New York Will Need?

A New York will needs at least two attesting witnesses. This is not a recommendation or a best practice — it is a strict requirement under New York’s Estates, Powers and Trusts Law (EPTL) §3-2.1, the statute that governs how a will is executed and attested. If you are an individual planning your estate on […]

Can I Write My Own Will in New York? (DIY & Holographic Risks)

Yes — as an individual in New York, you are legally allowed to write your own will without hiring a lawyer. New York does not require that an attorney draft your will. However, allowing yourself to write a will and writing one that actually works are two very different things. Your homemade document is only […]