Fillable Form New York Last Will and Testament

What is theNew York Last Will and Testament?

The New York Last Will and Testament is an estate-planning document that details how real and personal property, fiduciary funds, digital assets, and other financial accounts will be distributed following the testator’s death.

According to N.Y. Estates, Powers & Trusts Law § 3-1.1, to make theLast Will and Testament New York, you must be an individual 18 years of age or older and of sound mind and memory.

Generally, you must make your New York Last Will and Testament Form on a hard copy. That is, it must be on actual paper. It cannot be on an audio, video, or any other digital file. However, in extremely restricted instances, such as for a member of the armed forces during a time of armed conflict, a mariner, or a person who accompanies a member of the armed forces during a time of armed military conflict, New York allows nuncupative (oral) wills. The oral will must be clearly witnessed by two people. It may also become invalid shortly after the emergency circumstance (such as an armed conflict) has passed.

The Last Will and Testament Template New York typically requires the following information:

• Name of the testator
• City and county of residence of the testator
• Name of the personal representative
• City, county, and state of residence of the personal representative
• Name of the next selected representative
• City, county, and state of residence of the next selected representative
• Name of beneficiaries
• Address of the beneficiaries
• Relationship of the beneficiaries to the testator
• Property to be bequeathed to the beneficiaries
• Omission
• Bond
• Discretionary Powers of Personal Representative
• Contesting Beneficiary
• Guardian Ad Litem Not Required
• Gender
• Assignment
• Governing Law
• Binding Agreement
• Signature of the testator
• Name of the witnesses
• Signatures of the witnesses

The Last Will and Testament New York State Template must be completed with an Affidavit of Testament, which requires the following information:

• State and County
• Name of the testator
• Names of the witnesses
• Signature of the testator
• Signatures of the witnesses

To finalize your Last Will and Testament New York State:

• You must sign or acknowledge your will in front of two witnesses.
• You must declare to your witnesses that the document you are signing or acknowledging is your will.
• Your witnesses must sign your will in front of you.

In New York, you do not need to notarize your will to make it legal. However, New York allows you to make your will “self-proving” and you’ll need to go to a notary if you want to do that. The court can accept a self-proving will without contacting the witnesses who signed it, which speeds up probate. To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit stating who you are and that you were all aware that you were signing the will.

If you die without a will in New York, your assets will be distributed according to the state’s “intestacy” laws. The intestacy law in New York distributes your assets to your closest relatives, starting with your spouse and children. If you don’t have a partner or children, your property will be passed on to your grandkids or parents. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, great-grandchildren, and great-nieces and nephews. The state will take your property if the court exhausts this list and finds that you have no live relatives by blood or marriage.

How to fill out theNew York Last Will and Testament?

Using PDFRun, you can electronically fill out and download a PDF copy of theNew York Last Will and Testament PDF in minutes. Fill it out by following the instructions below.

New York Last Will and Testament of…

Enter your full legal name.

Name of the Testator

Enter your full legal name.

City

Enter your residential city.

County

Enter your residential county.

Part I – Expenses & Taxes

Section A

This section states that you direct all your debts, and expenses of your last illness, funeral, and burial, to be paid as soon after your death as may be reasonably convenient, and you hereby authorize your personal representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against your estate.

Section B

This section states that you further direct that your personal representative shall pay out of your estate any and all estate and inheritance taxes payable by reason of your death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. The said taxes shall be paid by your personal representative as if such taxes were your debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.

Part II – Personal Representative

This part states that you nominate and appoint (enter your personal representative’s name), of (enter your personal representative’s residential street address), County of (enter your personal representative’s residential county), State of (enter your personal representative’s residential state) as Personal Representative of your estate and you request that he or she be appointed temporary personal representative if he or she applies. If your Personal Representative fails or ceases to serve, then you nominate (enter the name of your next selected representative) of (enter your next selected representative’s residential street address), County of (enter your next selected representative’s residential county), State of (enter your next selected representative’s residential state) to serve.

Part III – Disposition of Property

This part states that you devise and bequeath your property, both real and personal and wherever situated, as follows:

First Beneficiary

Full Name

Enter the full legal name of your first beneficiary.

Address

Enter the address where your first beneficiary resides.

Relation

Enter your relationship with your first beneficiary.

SSN

Enter the last four digits of your first beneficiary’s social security number.

Property

Enter the property you will bequeath to your first beneficiary.

Second Beneficiary

Full Name

Enter the full legal name of your second beneficiary.

Address

Enter the address where your second beneficiary resides.

Relation

Enter your relationship with your second beneficiary.

SSN

Enter the last four digits of your second beneficiary’s social security number.

Property

Enter the property you will bequeath to your second beneficiary.

Third Beneficiary

Full Name

Enter the full legal name of your third beneficiary.

Address

Enter the address where your third beneficiary resides.

Relation

Enter your relationship with your third beneficiary.

SSN

Enter the last four digits of your third beneficiary’s social security number.

Property

Enter the property you will bequeath to your third beneficiary.

If any of your beneficiaries have predeceased you, then any property that they would have received if they had not predeceased you shall be distributed in equal shares to the remaining beneficiaries.

If any of your property cannot be readily sold and distributed, then it may be donated to any charitable organizations of your personal representative’s choice. If any property cannot be readily sold or donated, your personal representative may, without liability, dispose of such property as he or she may deem appropriate. You authorize your personal representative to pay as an administration expense of your estate the expense of selling, advertising for the sale, packing, shipping, insuring, and delivering such property.

Part IV – Omission

This part states that except to the extent that you have them included in this Will, you have intentionally, and not as a result of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of yours, if any, however, defined by law, presently living or hereafter born or adopted.

Part V – Bond

This part states that no bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will, or if a bond is required by law, then no surety will be required on such bond.

Part VI – Discretionary Powers of Personal Representative

This part states that your personal representative, shall have and may exercise the following discretionary powers in addition to any common law or statutory powers without the necessity of court license or approval:

Section A

To retain for whatever period your personal representative deems advisable any property, including property owned by you at your death, and to invest and reinvest any property, both real and personal, regardless of whether any particular investment would be proper for a personal representative and regardless of the extent of diversification of the asset held hereunder.

Section B

To sell and to grant options to purchase all or any part of your estate, both real and personal, at any time, at public or private sale, for consideration, whether or not the highest possible consideration, and upon terms, including credit, as your personal representative deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connection therewith.

Section C

To lease any real estate for terms and conditions as your personal representative deems advisable, including the granting of options to renew, options to extend the terms, and options to purchase.

Section D

To pay, compromise, settle, or otherwise adjust any claims, including taxes, asserted in favor of or against you, your estate, or your personal representative.

Section E

To make any separation into shares in whole or in part in kind and at values determined by your personal representative, with or without regard to tax basis, and to allocate different kinds and disproportionate amounts of property and undivided interests in property among the shares.

Section F

To make such elections under the tax laws as your personal representative shall deem appropriate, including elections with respect to qualified terminable interest property, exemptions, and the use of deductions as income tax or estate tax deductions, and to determine whether to make any adjustments between income and principal on account of any election so made.

Section G

To make any elections permitted under any pension, profit-sharing, employee stock ownership, or other benefit plans.

Section H

To employ others in connection with the administration of your estate, including legal counsel, investment advisors, brokers, accountants, and agents and to pay reasonable compensation in addition to your personal representative’s compensation.

Section I

To vote any shares of stock or other securities in person or by proxy; to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock; to deposit securities in any voting trust or with any committee.

Section J

To borrow and to pledge or mortgage any property as collateral, and to make secured or unsecured loans. Your personal representative is specifically authorized to make loans without interest to any beneficiary hereunder. No individual or entity loaning property to your personal representative or trustee shall be held to see to the application of such property.

Section K

Your personal representative shall also in his or her absolute discretion determine the allocation of any Goods and Services Tax (GST) exemption available to you at your death to property passing under this Will or otherwise. The determination of your personal representative with respect to any elections or allocation, if made or taken in good faith, shall be binding upon all affected.

Part VII – Contesting Beneficiary

This part states that if any beneficiary under this Will, or any trust herein mentioned, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased you.

Part VIII – Guardian Ad Litem Not Required

This part states that you direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained, or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.

Part IX – Gender

This part states that whenever the context permits, the term “Personal Representative” shall include “Executor” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to the Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor Code. All references to estate taxes shall include inheritance and other death taxes.

Part X – Assignment

This part states that the interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment, or covenant and shall not be applied to or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.

Part XI – Governing Law

This part states that this document shall be governed by the laws of the State of New York.

Part XII – Binding Agreement

This part states that any decision by your personal representative with respect to any discretionary power hereunder shall be final and binding on all persons interested. Unless due to your executor’s own willful default or gross negligence, no executor shall be liable for said executor’s acts or omissions or those of any co-executor or prior executor.

Name of Testator

Enter your full legal name as the undersigned.

Date

Enter the date you completed this Will, following the format: Day, Month, Year.

Testator Signature

Affix your signature.

Testator Printed Name

Enter your full printed name.

Date

Enter the date you subscribed to this Will, following the format: Day, Month, Year.

Name of Testator

Enter your full legal name.

Witness Signatures

Affix the witnesses’ signatures.

Addresses

Enter the addresses of the two witnesses.

Testamentary Affidavit

State

Enter your state.

County

Enter your county.

Name of Testator

Enter your full legal name.

Names of Witnesses

Enter the full names of the witnesses.

Testator Signature

Affix your signature.

Witnesses Signatures

Affix the witnesses’ signatures.

Date

Enter the date the Will was notarized.

Notary Public

Enter the name of the lawyer from the notary public.

Commission Expiration Date

Enter the notary commission’s expiration date.

Frequently Asked Questions About the New York Last Will and Testament

Can you write your own will in NY?

Yes, you can write your own will in New York. You do not need to have an attorney to draft a will for you, but there are certain requirements that must be met in order for the document to be considered valid.

To write a valid will in New York, you must be:

• At least 18 years old
• Of sound mind

Then, your will must be:

• In writing
• Signed by you in the presence of two witnesses — Your witnesses must also sign your will.

If you do not meet these requirements, your will may not be considered valid in New York.

Follow these steps to write your own will in New York:

1. Gather your assets and debts

2. Make a list of who you want to receive your assets

3. Find two witnesses who are willing to sign your will

4. Write your will, including the following information:

• Your full name and address
• Your date of birth
• A statement that you are of sound mind and over the age of 18
• A list of your assets and debts
• A statement of how you want your assets to be distributed after your death

5. Sign and date your will in the presence of your witnesses

6. Have your witnesses sign and date the will

It is important to keep your will in a safe place. You may want to consider storing it with an attorney or a trusted friend or family member. Make sure your loved ones know where to find your will after you die.

While there is no required format for a will in New York, it is advisable to have your document prepared by an attorney to ensure that it meets all of the legal requirements. An attorney can also help you plan for other contingencies, such as naming a guardian for minor children or establishing a trust.

What are the requirements for a will to be valid in NY?

The following are the requirements for a will to be valid in New York:

• The will must be in writing — This is a requirement in almost every jurisdiction. A will can be handwritten or typed, but it must be physically possible for others to read it.
• The will must be signed by the testator — The person who is making the will is known as the testator. In order for the will to be valid, the testator must sign it at the end.
• Two witnesses must sign the will — In order for a will to be valid in New York, two witnesses must sign it. These witnesses cannot be beneficiaries of the will.
• The witnesses must witness the signing of the will — The witnesses must actually see the testator signing the will. They cannot just sign it after the fact.

If a will does not meet these requirements, it will not be valid in New York.

How do I write a last will and testament in New York?

Writing a last will and testament in New York is not as difficult as it may seem. In fact, with a little research and some careful planning, you can easily create a legally binding document that will protect your assets and ensure that your wishes are carried out after your death.

The first step in writing a last will and testament is to decide what type of document you need. If you have a small estate, you may be able to use a simple will form. However, if you have a large estate or complex financial situation, you may need to consult with an attorney to draft a more customized document.

Once you have decided on the type of will you need, the next step is to gather all of the information that will be required to complete the document. This includes your full name, address, date of birth, social security number, and any other pertinent information. You will also need to list all of your assets, including real estate, personal property, investments, and bank accounts.

After you have gathered all of the necessary information, you are ready to start writing your will. It is important to be as specific as possible when drafting your document. For example, if you have multiple beneficiaries, you will need to specify how each one should receive their share of your estate. Additionally, if you have any special instructions for the distribution of your assets, you will need to include them in your will as well.

Once you have finished writing your last will and testament, you will need to have it notarized by a notary public. This ensures that the document is legally binding and can be enforced in court if necessary.

After your will is complete, you should store it in a safe place where it will be protected from loss or damage. You may also want to consider giving copies to your executor, beneficiaries, and attorney so that they can reference them in the event of your death.

What are the requirements of a formal will in New York State?

In order to be valid, a will in New York State must be in writing, signed by the testator (the person making the will) in the presence of two witnesses, and attested to by the witnesses. The witnesses must also sign the will in the presence of the testator. A self-proving affidavit may be attached to the will, which allows the witnesses to sign an affidavit testifying to their witnessing of the will without having to appear in court. In New York, a holographic will (a will entirely in the handwriting of the testator) is also valid if it is signed by the testator and witnessed by two people.

Do wills have to be notarized in NY?

Wills do not need to be notarized in order to be valid in New York. However, witnesses may need to sign the will in front of a notary public in order to certify that they witnessed the will being signed. Additionally, if you are planning to file your will with the court, it must be notarized.

Can a notary notarize a will in NY?

A notary can notarize a will in NY if the person making the will is present, has proper identification, and signs the will in front of the notary. The notary must also witness the signatures of two witnesses who are also present.

What makes a will invalid in New York?

There are a few things that can make a will invalid in New York:

• If the will was not properly signed or witnessed, it is not valid.
• If the testator (person who made the will) was not of sound mind when they made the will, it is not valid.
• If the testator was coerced or forced into making the will, it is not valid.
• If any part of the will was fraudulently created, it is not valid.
• If any of the beneficiaries of the will challenge its validity in court, and the court agrees with them, the will can be invalidated.

These are just a few of the reasons why a will might be invalid in New York. If you have any questions about whether your will is valid, you should speak to an attorney.

Can I make a will without a lawyer?

You can, but it's not recommended. While it is technically possible to write your own will without the help of a lawyer, it is often complicated and confusing to do so. Plus, if your will is not properly executed, it may be challenged in court and could be declared invalid. This could result in your assets being distributed in a way that you did not intend.

It's generally best to consult with a lawyer when drafting a will, to ensure that it is legally valid and that your wishes will be carried out.

Are online wills legal in New York?

Yes, online wills are legal in New York. You can create a legally binding will using an online service, as long as the service meets certain requirements. The site must:

• Allow you to create a document that is structurally similar to a traditional will;
• Give you the ability to name an executor for your estate;
• Allow you to designate how your assets will be distributed after your death;
• Let you revoke or change your will at any time; and
• Keep your will confidential and secure.

If you use an online service that meets these requirements, your will should be legally binding in New York. However, it's always best to consult with an attorney before finalizing any legal documents, including a will.

Does New York recognize holographic wills?

New York does not have a statute that expressly recognizes holographic wills, but the state's courts have upheld such wills in some circumstances. To be valid, a holographic will must be wholly in the testator's own handwriting and must contain all of the essential elements of a will. Even if these requirements are met, however, a court may refuse to admit a holographic will to probate if it appears that the document was not actually written by the decedent or if it was written under duress or under undue influence. For these reasons, it is generally advisable to consult with an attorney before drafting or executing a holographic will.

Related Articles:

• Can You Write a Will Without an Attorney in New York?
• Frequently Asked Questions About Wills In New York State
• New York Will and Testament Guide