Creating a will in New York is one of the most important steps you can take to protect your family and your assets. Whether you’re planning for the first time or updating an existing estate plan, understanding the legal requirements in 2026 is essential. At Seligson Law, we help individuals and families throughout New York create legally valid and customized wills that provide clarity and peace of mind.
If you’re wondering how to make a will in New York, this step-by-step guide explains everything you need to know.
Why You Need a Will in New York
If you pass away without a will in New York, your estate will be distributed according to New York intestacy laws, which means that the state decides who inherits your property. Creating a legally valid will allows you to:
- Choose who inherits your assets
- Name a guardian for minor children
- Appoint an executor to manage your estate
- Reduce family disputes
- Streamline the probate process
For many families in New York, having a will is the foundation of a strong estate plan.
How to Create a Will in New York Step by Step
- Confirm that you meet New York will requirements: Under New York law, you must be at least 18 years old, be of sound mind, and create the will in writing. New York does not recognize purely oral wills in most situations, so proper drafting is critical.
- List your assets: Before drafting your will, create a detailed list of your assets, including:
- Real estate in New York
- Bank accounts
- Retirement accounts
- Investment portfolios
- Business interests
- Personal property and valuables
This step ensures that nothing important is overlooked.
- Choose your beneficiaries: Your beneficiaries are the individuals or organizations who will inherit your assets. You can leave property to spouses, children, extended family members, friends, and charitable organizations. Clear language is essential to avoid confusion or future disputes.
- Appoint an executor: Your executor is responsible for filing your will with the Court, managing debts and taxes, and distributing assets to beneficiaries. Choose someone responsible, organized, and trustworthy.
- Name a guardian for minor children: If you have minor children, this may be the most important decision in your will. Without a named guardian, the court will decide who raises your children, so naming a guardian allows you to maintain control over that decision and protect your children’s future.
- Store your will safely: Keep your original will in a secure location and make sure your executor knows where it is stored. Options include a fireproof safe, a bank safe deposit box, or filing it with the Surrogate’s Court.
Are Electronic Wills Legal in New York?
New York has recently modernised aspects of estate planning law. While traditional written wills remain standard, electronic execution options are expanding under updated legislation.
However, electronic wills must meet strict statutory requirements because this area of law continues to evolve.
Speak with an experienced estate planning attorney before pursuing an electronic will to ensure your document will hold up legally.
Common Mistakes to Avoid When Creating a Will in New York
Many DIY wills fail due to technical errors, which mainly include:
- Improper witness signatures
- Ambiguous language
- Failing to update after life changes
- Not coordinating beneficiary designations with the will
- Choosing the wrong executor
Even small mistakes can lead to probate delays or contested wills.
When Should You Update Your Will?
You should review your will after major life events such as:
- Marriage or divorce
- Birth or adoption of a child
- Death of a beneficiary
- Significant asset changes
- Moving to or from New York
Keeping your will current ensures that it reflects your true intentions.
Do You Need a Lawyer to Create a Will in New York?
Technically, you can draft your own will; however, New York has strict legal requirements, and errors can invalidate the document. Working with an experienced estate planning attorney ensures:
- Legal compliance
- Clear, enforceable language
- Reduced risk of disputes
- Proper probate planning
- Coordination with trusts, powers of attorney, and healthcare directives
For many families, professional guidance provides lasting peace of mind.
Protect Your Family with an Estate Planning Attorney in New York
Creating a will is not just about distributing property; it’s about protecting the people you love. A properly drafted will can prevent confusion, minimise conflict, and ensure that your wishes are honored. If you are ready to create or update your will in New York, contact the estate planning attorneys at Seligson Law today at 213-293-6692. We will guide you every step of the way.
Frequently Asked Questions About Creating a Will in New York
Can I change my will after I create it?
Yes, you can update your will or create a new will, as long as you are of sound mind.
What happens if I die without a will in New York?
New York intestacy laws determine how your estate is distributed, which may not reflect your personal wishes.
Can I disinherit someone in New York?
Yes, you may disinherit most individuals. However, under New York law, a surviving spouse has a legal right to claim an “elective share” of the estate, even if they are left out of the will. This is an important consideration when drafting your estate plan.
What happens to jointly owned property in New York?
Property such as certain real estate, joint bank accounts, and other titled assets owned jointly with rights of survivorship typically passes directly to the surviving owner and does not go through probate.
Does a will control life insurance and retirement accounts?
Not usually, assets with designated beneficiaries, such as life insurance policies, pass directly to the named beneficiary, regardless of what your will says. Coordinating beneficiary designations with your will is essential.
Can I write my own will in New York?
You can draft your own will, but New York has strict execution requirements. DIY wills often contain technical errors that lead to probate delays or disputes, so professional guidance usually reduces those risks.
What is the difference between a will and a trust in New York?
A will directs how assets are distributed after death and goes through probate. A trust can hold assets during your lifetime and may help avoid probate, provide privacy, and offer additional control over distributions.
