How to Make a Will in New York (EPTL 3-2.1) — Manhattan Guide

A will is a legal document that directs how your property is distributed after death and names an executor to carry out your wishes. In New York, a valid will must meet the execution requirements of EPTL 3-2.1: it must be signed at the end by the testator and witnessed by two witnesses who sign within 30 days of each other. A will only takes effect at death and controls only the assets that pass through your probate estate.

What a Will Controls — and What It Cannot

Your will governs the assets titled in your sole name with no beneficiary designation: a brokerage account in your name, personal property, a Manhattan condo held individually, or the shares and proprietary lease of your co-op apartment. The will names who inherits and who serves as executor.

A will does not control:

• Jointly owned property with rights of survivorship — it passes automatically to the survivor.
• Beneficiary-designation assets — life insurance, IRAs, 401(k)s, and “transfer on death” accounts pass by contract, not by will.
• Assets in a trust — property you transferred to a living trust passes under the trust, not the will. See trusts in New York.

Definition — Testator: the person who makes a will. Executor: the person named in the will to administer the estate, who receives letters testamentary from the Surrogate’s Court.

New York Will Execution Requirements (EPTL 3-2.1)

For a Manhattan will to be admitted in New York County Surrogate’s Court, it must satisfy these formalities:

1. The will is in writing.
2. The testator signs at the end of the document.
3. The signing (or acknowledgment of the signature) occurs in the presence of at least two attesting witnesses.
4. The testator declares to the witnesses that the document is their will.
5. The two witnesses sign within a 30-day window.

Failing any of these can invalidate the will and throw the estate into intestacy.

What Happens If You Die Without a Will in New York (EPTL 4-1.1)

If you die intestate (without a valid will), New York’s intestacy statute EPTL 4-1.1 decides who inherits — not you. The distribution depends on your surviving family:

Survived by	Distribution
Spouse, no children	Entire estate to spouse
Spouse and children	First $50,000 + half to spouse; remaining half to children
Children, no spouse	Entire estate to children, equally
Parents, no spouse or children	Entire estate to parents
Siblings only	Entire estate to siblings

For a Manhattan family, intestacy can force a co-op or condo into shared ownership among heirs who may not want it — a common reason to make a will. See the Manhattan estate guide.

Definition — Distributee: a person entitled to inherit under intestacy (an heir at law). Intestate: dying without a valid will.

Holographic and Nuncupative Wills in New York (EPTL 3-2.2)

New York recognizes holographic (handwritten, unwitnessed) and nuncupative (oral) wills only in very narrow circumstances under EPTL 3-2.2 — generally for active-duty armed forces members and mariners at sea, and even then they expire after a set period. For nearly every Manhattan resident, a handwritten or spoken will is not valid. Use a properly executed EPTL 3-2.1 will.

The Self-Proving Affidavit — Why It Speeds Probate

A self-proving affidavit is a sworn statement by the witnesses, signed before a notary at the time of execution, confirming the formalities were met. It is not required for validity, but it lets New York County Surrogate’s Court admit the will without tracking down the witnesses years later — a real time-saver in a busy court.

Updating or Revoking a Will

You can change a will with a codicil (a witnessed amendment) or, more cleanly, by signing a new will that revokes the old one. Under EPTL 3-4.1, you can revoke a will by executing a later will or by a physical act — burning, tearing, or destroying it with intent to revoke. Review your will after marriage, divorce, a birth, a death, or a major asset change such as buying a Manhattan apartment.

How a Manhattan Will Is Probated

Once you die, your executor files the original will with New York County Surrogate’s Court at 31 Chambers Street, petitions for probate under SCPA 1402, and notifies the distributees. The court issues letters testamentary so the executor can act. For the full sequence, see the probate process in New York County and the role of the Surrogate’s Court.

Frequently Asked Questions

Do I need a lawyer to make a will in New York? Not legally, but a poorly executed will fails EPTL 3-2.1 and lands the estate in intestacy. For co-op shares, condos, and tax-exposed estates, professional drafting is strongly advised.

Can I disinherit my spouse in New York? Not entirely. A surviving spouse has a right of election (EPTL 5-1.1-A) to claim roughly one-third of the estate regardless of the will.

Where is my Manhattan will probated? In New York County Surrogate’s Court at 31 Chambers Street, because venue follows the decedent’s county of domicile under SCPA 205.

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