Before you sit down with an attorney, knowing what to bring and what to expect makes the process faster — and your will stronger. Morgan Legal Group serves clients across New York State, including New York City, Long Island, Westchester, the Hudson Valley, and Upstate communities.
What New York Law Requires of Every Valid Will
Under EPTL §3-2.1, your will must satisfy these execution rules:
| Requirement | Detail |
|---|---|
| Signature placement | Testator signs at the end of the document |
| Publication | Testator must declare the instrument to be their will |
| Witnesses | At least two attesting witnesses |
| Signing window | Both witnesses sign within a 30-day period |
| Witness addresses | Each witness adds their residence address |
If you die without a valid will, EPTL Article 4 controls how your assets pass to next of kin — often not the outcome you intend.
Your Pre-Appointment Checklist
- List your assets (real property, accounts, personal property).
- Name intended beneficiaries and alternates.
- Choose an executor you trust.
- Consider guardians if you have minor children.
- Understand that a living will is a separate health-care document — it does not distribute property.
- Know that a surviving spouse retains rights under EPTL 5-1.1-A regardless of your instructions.
- Review whether codicils or amendments to an existing will may serve you better than a full rewrite.
Book a Free 30-Minute Consultation
Russel Morgan, Esq. will review your situation, walk through NY will requirements, and outline a will-drafting plan tailored to your family and estate.
Further reading from Morgan Legal Group: New York will execution requirements.