What Are the Documents Required to Create a Will in New York?

December 2, 2024

What Are the Documents Required to Create a Will in New York?

Creating a will is one of the most important steps you can take to ensure that your assets are distributed according to your wishes after your passing. In New York, there are specific requirements and documents needed to create a valid will. At the Law Offices of Benjamin B. Neschis, P.C., we provide expert legal assistance to the New York public in drafting wills and other estate planning documents. Let’s take a look at the essential documents and steps required to create a will in New York.


Key Documents Required to Create a Will in New York


  1. Personal Identification Information
    The first step in creating a will is gathering your personal information. This includes your full legal name, date of birth, and current address. This information is necessary to properly identify you as the testator and ensure there’s no confusion about your identity.
  2. List of Assets
    A comprehensive inventory of your assets is essential to ensure your estate is divided according to your wishes. This includes real estate, bank accounts, vehicles, investments, personal property, and any business interests. Be sure to include account numbers, property titles, and other identifying details to help ensure an accurate distribution.
  3. Beneficiaries Information
    You must identify who will receive your assets after your death. Beneficiaries can be family members, friends, charitable organizations, or others. For each beneficiary, you should provide their full name, relationship to you, and, in some cases, their address. You should also clearly specify what portion of your estate or which assets each beneficiary will receive.
  4. Executor Information
    Your will must designate an
    executor (or personal representative) who will be responsible for administering your estate. This includes paying debts, distributing assets, and ensuring that your wishes are carried out. You will need to provide the full name and contact information of the person you want to serve in this role. It’s important to discuss this with the person in advance to ensure they are willing to serve.
  5. Guardianship Information (if applicable)
    If you have minor children, you will need to name a
    guardian who will be responsible for their care and upbringing in the event of your death. You should provide the full name and contact details of the person or people you wish to name as guardians, and it is crucial to have a conversation with them beforehand to ensure they are willing to take on this responsibility.
  6. Witnesses
    In New York, for a will to be valid, it must be signed by the testator in the presence of
    at least two witnesses, who are both disinterested (not named as beneficiaries). These witnesses must observe you sign the will, and they must then sign the will themselves. This ensures the will is valid and free from undue influence or fraud.
  7. Optional: Notarization
    While notarization is not required for a will to be valid in New York, some individuals choose to have their will notarized for added security. A notarized will can make it easier to probate and can help prevent challenges to its validity in the future. This is especially helpful if you anticipate any disputes over the authenticity of your will.


How the Law Offices of Benjamin B. Neschis, P.C. Can Help


Creating a will involves more than just choosing who gets your property—it’s about ensuring that your wishes are respected and your loved ones are taken care of after you’re gone. At The Law Offices of Benjamin B. Neschis, P.C., we offer expert legal services to help you create a comprehensive and legally valid will in New York. Our experienced attorneys will guide you through the process, ensure all necessary documents are in place, and help you make informed decisions about your estate.

If you’re ready to create or update your will, contact us today for a consultation. Let us help you protect your legacy and give you peace of mind for the future.

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