If you have never made a will before, knowing what to expect removes the uncertainty. New York has clear, specific rules. Meeting them once — correctly — protects everyone you love.
What New York Law Requires (EPTL §3-2.1)
Before your appointment, here are the non-negotiable essentials under NY EPTL §3-2.1:
| Requirement | What It Means for You |
|---|---|
| Signature placement | You must sign at the end of the will |
| Publication | You declare aloud that this document is your will |
| Two witnesses | At least two people must watch you sign or acknowledge your signature |
| Witness signing window | Both witnesses sign within a 30-day period |
| Witness addresses | Each witness records their residence address |
Why Getting It Right Matters
A will that skips any step above can be denied probate in Surrogate’s Court. Without a valid will, New York’s intestacy law (EPTL Article 4) decides who inherits — which may not match your wishes.
A married testator should also know about the spousal right of election (EPTL §5-1.1-A): a surviving spouse can claim a minimum share regardless of what the will says.
Note: a living will covers health-care decisions — it is a separate document entirely and does not transfer property.
Ready? Let’s Build Your Will Together
Attorney Russel Morgan, Esq. guides first-timers through every requirement — from will drafting and proper execution to future amendments — serving New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York.
Schedule your 30-minute appointment →
Further reading from Morgan Legal Group: New York will execution requirements.