NY · LAST-WILL · Updated July 2026 · Free
New York Last Will and Testament
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New York at a glance: Witnesses Required: 2 witnesses (must sign within 30 days) · Holographic Wills: Only recognized for active military personnel · Notary Required: No (recommended for self-proving)
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Overview
Last Wills and Testaments in New York
New York wills are governed by the Estates, Powers and Trusts Law (EPTL). A written will must be signed by the testator and at least two witnesses, who must sign their names within 30 days of each other (N.Y. EPTL § 3-2.1).
New York does not recognize holographic (handwritten) wills unless they are executed by members of the armed forces during active military conflict.
Key Facts
New York Last Will and Testament — Quick Reference
| Requirement | New York Rule |
|---|---|
| Witnesses Required | 2 witnesses (must sign within 30 days) |
| Holographic Wills | Only recognized for active military personnel |
| Notary Required | No (recommended for self-proving) |
| Governing Law | N.Y. EPTL § 3-2.1 |
Legal Requirements
New York Legal Requirements
- Testator must be at least 18 years old and of sound mind.
- Must be in writing and signed at the end.
- Signed by two witnesses who write their addresses and sign within 30 days of the testator's signature.
Governing Laws
New York Governing Laws
N.Y. EPTL § 3-2.1
Execution of Wills
Sets forth the formal requirements for executing a valid written will in New York.
N.Y. SCPA § 1406
Proof of Will by Affidavit
Permits self-proving affidavits by witnesses to expedite probate.
Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.
Questions & Answers
New York Last Will and Testament — Frequently Asked Questions
How long do witnesses have to sign in New York?
In New York, both witnesses must sign the will within a 30-day window of the testator's signature or acknowledgment.
Are witness addresses required in New York?
Yes. New York law requires witnesses to write their physical addresses next to their signatures. Failure to do so does not invalidate the will but can cause delays in probate.