Free New York Last Will and Testament
Build a complete New York will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and New York's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete New York will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — New York notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in New York: New York is one of the strictest states. Sign the will at the very END. Either sign in front of both witnesses or acknowledge your signature to them, and tell each witness the document is your will. Both witnesses must sign their names and addresses at the end of the will, and all of this must happen within a single 30-day window. To self-prove, the witnesses sign a sworn affidavit before a notary under SCPA 1406. New York does NOT allow holographic wills except for active-duty military and mariners at sea (and those lapse after the service ends).
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, New York, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
New York does not give legal effect to a separate personal-property memorandum, so any specific items must be listed in this Will itself to be binding.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of New York.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], New York.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (N.Y. SCPA § 1406) — sign this part before a notary to make probate easier:
SELF-PROVING / ATTESTING-WITNESS AFFIDAVIT (SCPA 1406):
STATE OF NEW YORK COUNTY OF ________
[WITNESS 1] and [WITNESS 2], being duly sworn, depose and say:
We witnessed the execution of the will of [TESTATOR NAME], the within testator, on [DATE]. The testator subscribed the will at the end and at the time of making such subscription declared the instrument so subscribed to be the testator's last will and testament. Each of us thereupon signed our names as a witness at the end of the will at the request of the testator and in the testator's presence. The testator, at the time of execution, was over the age of 18 years and, in our opinion, of sound mind, memory and understanding and not under any restraint or in any respect incompetent to make a will. The will was executed under the supervision of the attorney whose name appears thereon (if applicable).
_______________________ Witness
_______________________ Witness
Sworn to before me this [DAY] day of [MONTH], [YEAR].
_______________________ Notary Public
How to Sign Your Will in New York
New York is one of the strictest states. Sign the will at the very END. Either sign in front of both witnesses or acknowledge your signature to them, and tell each witness the document is your will. Both witnesses must sign their names and addresses at the end of the will, and all of this must happen within a single 30-day window. To self-prove, the witnesses sign a sworn affidavit before a notary under SCPA 1406. New York does NOT allow holographic wills except for active-duty military and mariners at sea (and those lapse after the service ends).
New York requires 2 witnesses: Strict EPTL 3-2.1 formalities: the will must be signed at the END by the testator (or by another in the testator's name, in the testator's presence and by the testator's direction); the testator must sign or acknowledge the signature in the presence of each witness and declare to each witness that the instrument is the testator's will; and there must be at least two attesting witnesses who, within ONE 30-DAY PERIOD, both attest the testator's signature and sign their names and addresses at the end of the will. An interested witness's gift is void unless there are two other disinterested witnesses (EPTL 3-3.2), but the witness remains competent.. Your will does not need to be notarized to be valid. Sign the self-proving affidavit (N.Y. SCPA § 1406) before a notary so your witnesses won't have to testify in probate.
Can You Disinherit a Spouse in New York?
You cannot fully disinherit a spouse. New York's elective share is the GREATER of $50,000 (or the whole net estate if smaller) OR one-third (1/3) of the net estate, computed against the 'net estate' INCLUDING testamentary substitutes (e.g., joint accounts, Totten trusts, certain lifetime transfers, retained-interest gifts). The share is reduced by whatever the spouse already receives. Election must be made within 6 months of issuance of letters (and no later than 2 years after death).
No-contest clauses: GOTCHA: New York enforces in terrorem (no-contest) clauses according to their terms whether or not probable cause exists. There is NO general probable-cause safe harbor. Limited statutory exceptions only: a forgery/revocation-by-later-will contest made in good faith with reasonable basis; a challenge by an infant or incompetent; a construction proceeding; objection to jurisdiction; and certain pre-litigation discovery (SCPA 1404 examinations) and accounting objections. Otherwise a losing (or even a probable-cause) contest forfeits the gift.
Frequently Asked Questions
Is a will made online valid in New York?
Yes, if you sign it correctly. New York requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my New York will need to be notarized?
No. New York does not require your will to be notarized. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a New York will need?
2 witnesses. Strict EPTL 3-2.1 formalities: the will must be signed at the END by the testator (or by another in the testator's name, in the testator's presence and by the testator's direction); the testator must sign or acknowledge the signature in the presence of each witness and declare to each witness that the instrument is the testator's will; and there must be at least two attesting witnesses who, within ONE 30-DAY PERIOD, both attest the testator's signature and sign their names and addresses at the end of the will. An interested witness's gift is void unless there are two other disinterested witnesses (EPTL 3-3.2), but the witness remains competent. They should be adults who do not inherit under the will.
Can I leave my spouse out of my New York will?
You cannot fully disinherit a spouse. New York's elective share is the GREATER of $50,000 (or the whole net estate if smaller) OR one-third (1/3) of the net estate, computed against the 'net estate' INCLUDING testamentary substitutes (e.g., joint accounts, Totten trusts, certain lifetime transfers, retained-interest gifts). The share is reduced by whatever the spouse already receives. Election must be made within 6 months of issuance of letters (and no later than 2 years after death).
Is this really free?
Yes. The generator is free, requires no account, and runs in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the New York requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a New York estate-planning attorney. RecordingLaw.com is not a law firm.
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