Too many New Yorkers intend to write a will — and never do. This site exists to close that gap. Draft Your Will is a resource built by Morgan Legal Group and attorney Russel Morgan, Esq. to give every resident of New York State a clear, step-by-step path from intention to a legally valid, signed document.
Whether you live in Manhattan, Long Island, Westchester, the Hudson Valley, or anywhere Upstate, New York’s rules are the same: state law governs, and getting the execution right is non-negotiable.
Why a Valid Will Matters More Than You Think
Dying without a will in New York — called dying intestate — hands control of your estate to a rigid statutory formula. Under EPTL Article 4, the state decides who receives your property, in what shares, and in what order. Your partner of twenty years may receive nothing if you were not married. Your wishes for specific belongings, charitable gifts, or the care of minor children are simply ignored.
A signed, properly witnessed will solves all of this. It also names an executor, can establish trusts for minor beneficiaries, and can include guidance on digital assets and end-of-life wishes (though note: a living will is a separate health-care document — it does not distribute property and must not be confused with your estate will).
New York Will Requirements at a Glance
New York wills are governed by EPTL §3-2.1. Every valid will must satisfy all of the following:
| Requirement | What the Law Requires |
|---|---|
| Testator’s signature | You must sign at the end of the will, or direct another person to sign in your presence |
| Publication | You must declare to your witnesses that the document is your will |
| Two attesting witnesses | At least two witnesses must be present and sign at your request |
| Witness timeline | Both witnesses must sign within a 30-day period (a rebuttable presumption of validity) |
| Witness addresses | Each witness must include their residence address alongside their signature |
| Acknowledgment | You must sign in front of witnesses, or acknowledge your existing signature to each witness individually |
Miss any single element and the Surrogate’s Court may refuse to admit the will to probate.
Your Next-Step Checklist
Getting a will done is less complicated when broken into concrete actions:
- Inventory your assets — real property, bank accounts, retirement accounts, life insurance, and digital assets.
- Name your beneficiaries — primary and contingent for each asset category.
- Choose an executor — a trusted adult who can administer your estate through Surrogate’s Court.
- Consider a guardian — if you have minor children, a will is the only place to nominate one.
- Review NY will drafting requirements so you know exactly what the document must contain.
- Arrange a proper will execution ceremony — attorney-supervised signing eliminates the most common validity challenges.
- Consider amendments — circumstances change; learn when a codicil is appropriate versus drafting a new will.
- Plan for intestacy risks — if a gift fails, know what intestacy rules would apply under EPTL Article 4.
One additional protection worth knowing: New York’s spousal right of election (EPTL §5-1.1-A) allows a surviving spouse to claim a minimum share of the estate regardless of what the will states. Proper drafting accounts for this from the start.
Work With Morgan Legal Group
Attorney Russel Morgan, Esq. and the team at Morgan Legal Group guide New Yorkers statewide through every stage of the will drafting process — from initial asset inventory through witnessed execution and secure storage.
Schedule a free 30-minute consultation and leave with a clear plan — not more questions.
Further reading from Morgan Legal Group: why estate planning is so important.