How to make a will in New York

New York will requirements at a glance

How to sign a will in New York

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (N.Y. SCPA 1406 (attesting witnesses' affidavit before any oath officer; no statutory form))
5. Store the original safely and tell your executor where it is. New York also lets you deposit your will with the probate court for safekeeping.

Who can make a will

Anyone 18 or older and of sound mind.

Witness rules

The testator signs at the END of the will, in the presence of each witness or acknowledging the signature to each. The testator declares to each witness that it is his or her will. At least 2 witnesses sign, within one 30-day period, and at the testator's request add their addresses (EPTL 3-2.1). Witnesses need not sign in each other's presence.

If a witness inherits: A gift to a witness is void unless 2 other disinterested witnesses attested and the will can be proved without that witness; a witness who would inherit without the will may still take up to his or her intestate share (EPTL 3-3.2).

Handwritten wills

Only for members of the U.S. armed forces (and people serving with them) during war or armed conflict, and for mariners at sea. These wills expire 1 year after discharge, or 3 years after making for mariners (EPTL 3-2.2).

Self-proving affidavit

New York lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (N.Y. SCPA 1406 (attesting witnesses' affidavit before any oath officer; no statutory form))

Can I sign my will online in New York?

Not yet. New York has passed an electronic wills law, but it doesn't take effect until December 12, 2027. Once effective, for electronic wills only. The will must include a statutory caution in 12-point bold type. The testator signs electronically (a proxy must be in the testator's physical presence) and declares it his or her will to witnesses in physical or electronic presence. At least 2 witnesses, each domiciled in a U.S. state, sign within 30 days. The record needs audit-trail data, and the will must be filed with the NY Unified Court System within 30 days of execution or it is invalid. Until 2027-12-12, all wills must be on paper with witnesses physically present. (EPTL 3-6.1 et seq. (Electronic Wills Act, S.7416-A/A.7856-A of 2025, signed 2025-12-12))

Until then, print your will and sign it on paper with your witnesses in the same room.

Online notarization: §135-c doesn't expressly exclude wills, but paper wills require witnesses physically present under EPTL 3-2.1. Once the e-wills law takes effect (2027-12-12), electronic wills may be self-proved before a notary in physical or electronic presence (per Rivkin Radler and Wiggin and Dana summaries). (N.Y. Executive Law §135-c)

Good to know in New York

New York is strict: the signature must be at the end, the testator must tell the witnesses it is a will, and both witnesses must sign within 30 days. A domiciliary may deposit a will with the county Surrogate's Court for safekeeping (SCPA 2507).

Estate and inheritance taxes

New York has a state estate tax on estates worth more than about $7,350,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

New York will questions

Does a will need to be notarized in New York?

No. Two witnesses make a New York will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in New York?

Only for members of the U.S. armed forces (and people serving with them) during war or armed conflict, and for mariners at sea. These wills expire 1 year after discharge, or 3 years after making for mariners (EPTL 3-2.2).

Can a beneficiary witness a will in New York?

A gift to a witness is void unless 2 other disinterested witnesses attested and the will can be proved without that witness; a witness who would inherit without the will may still take up to his or her intestate share (EPTL 3-3.2).

Can I make a will online in New York?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. New York has passed an electronic wills law, but it isn't in effect yet, so for now the will must be signed on paper.

Does New York have an estate or inheritance tax?

New York has a state estate tax on estates worth more than about $7,350,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against New York statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a New York attorney.