NY Wills Attorney Manhattan

A last will and testament is the foundation of most estate plans. For Manhattan retirees and seasonal residents, a New York will names who inherits your apartment, accounts, and personal property, and who will carry out your wishes as executor. We draft wills that satisfy New York’s execution requirements so they can be admitted to probate without unnecessary disputes.

What Makes a Will Valid in New York

Under EPTL 3-2.1, a New York will must be in writing, signed by you at the end, and witnessed by at least two people who sign within thirty days of one another. The will-maker must be at least eighteen and of sound mind. We supervise execution so these formalities are met. A common mistake among snowbirds is signing a do-it-yourself form in another state without New York witnessing rules in mind, which can create proof problems later in Surrogate’s Court.

Choosing an Executor

Your executor petitions the Surrogate’s Court, gathers assets, pays debts and taxes, and distributes what remains. Retirees often name an adult child, a trusted friend, or a professional. If your chosen executor lives out of state, that is generally permitted in New York, though a non-domiciliary alien may need a New York co-fiduciary. We help you name primary and successor executors so there is always someone able to serve.

What a Will Does and Does Not Cover

A will governs property in your sole name that does not pass by beneficiary designation or joint ownership. Retirement accounts, life insurance, and payable-on-death accounts pass to named beneficiaries outside the will. Jointly held property usually passes to the surviving owner. We review your full asset picture so your will and your beneficiary designations point in the same direction.

Probate in Surrogate’s Court

After death, your executor files the original will with the New York County Surrogate’s Court along with a probate petition. Interested parties receive notice, and once the will is admitted, the court issues letters testamentary. Keeping your original will safe and telling your executor where it is can save your family weeks of delay.

Spousal and Family Protections

Even a carefully drafted will cannot fully disinherit a spouse. Under EPTL 5-1.1-A, a surviving spouse may elect to take roughly one-third of the net estate. New York also has rules protecting after-born children. We draft around these protections so your plan holds up.

Updating a Will After You Retire

Retirement, a move to a smaller Manhattan apartment, the loss of a spouse, or new grandchildren are all reasons to revisit your will. We can amend a will with a codicil or prepare a fresh will when changes are substantial.

Speak With a New York Attorney

This information is general and not a substitute for legal advice. Wills must fit your unique family and assets. Please consult a licensed New York attorney before signing your will or relying on an existing one.