What Do I Need to Sign My Will in New York?
Witness, notary, and remote online notarization (RON) requirements for wills in New York.
New York requires 2 witnesses for a willEPTL § 3-2.1Verified Oct 19, 2026View source. A witness must be at least 18 years old.
New York does not require notarization for a will to be validEPTL § 3-2.1Verified Oct 19, 2026View source. The notary's usual role in New York is the optional self-proving affidavit: a notarized statement signed with the will that lets it enter probate without locating the witnesses.
New York has authorized remote online notarization for many documentsNY Exec. Law § 135-cVerified Sep 9, 2026View source, but wills are excludedNY Exec. Law § 135-cVerified Sep 9, 2026View source; the notarization happens in person.
To execute a will in New York: Find 2 adults to serve as witnesses. Review witness restrictions to ensure eligibility. Get the document notarized (standard practice, not required). Wet signature and in-person signing required
Yes. New York has not adopted the Uniform Probate Code, but its probate code accepts a will that was valid under the law of the place it was signed. The practical wrinkle is the self-proving affidavit: a foreign will without one forces the witnesses to be located and either appear or sign declarations, and re-executing on a New York form, or adding a New York affidavit, removes that step. The New York document portability tool carries the recognition rule by document type.
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Learn moreForms for Planning Your Estate in New York
Free forms for planning your estate in New York: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyEPTL § 3-2.1Verified Oct 19, 2026View source.
Healthcare Power of Attorney
New York requires 2NY PHL § 2981(5)(d)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredNY PHL § 2981(5)(d)Verified Oct 15, 2026View source.
Financial Power of Attorney
New York treats a power of attorney as durable by defaultNY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source, and it is signed before 2NY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source witnesses and a notary.
Transfer on Death Deed
In New York, a transfer on death deed is signed before a notaryN.Y. Real Prop. Law 424Verified Oct 19, 2026View source and 2N.Y. Real Prop. Law 424Verified Oct 19, 2026View source witnesses, then recorded with the county before the owner's deathN.Y. Real Prop. Law 424Verified Oct 19, 2026View source.
Pour-Over Will
In New York, a pour-over will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in New York
Free tools for planning your estate in New York: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
Trust or Will: Which Costs Less?
In New York, a will-based plan pays probate attorney fees of typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in New York runs $4,250Estimate: 10 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in New York runs $1,344Estimate: 3 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,688Estimate: 6 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In New York, a parent names a guardian for a minor child in a will or a separate signed writingN.Y. Dom. Rel. Law § 81; N.Y. SCPA §§ 1707, 1710Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18N.Y. SCPA § 1707(2); N.Y. Dom. Rel. Law § 81Verified Sep 16, 2026View source.
Do I Need a Revocable Trust?
Probate in New York takes 7 months to 9 months for a simple estate and charges attorney fees of typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
New York authorizes transfer on death deedsN.Y. Real Prop. Law 424Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
New York Estate Planning Resources
In-depth guides covering New York probate laws, trust requirements, and estate planning strategies.
