A simple will in New York works for most people with straightforward assets and wishes: it names an executor, lists beneficiaries, designates guardians if needed, and meets the same legal formalities as any other will under New York's Estates, Powers and Trusts Law. You can draft, sign, and validate one in under an hour without hiring an attorney.
Estate planning can sound like it is only for people with complicated finances, but most New York residents have relatively uncomplicated assets and wishes, which is exactly what a simple will is built for. This guide walks through each step of drafting one correctly under New York law.
Why It Matters to Have a Will in New York
More than half of Americans do not have a will. Dying without one, known as dying intestate, hands control of your property to the state under EPTL 4-1.1, which lays out a fixed formula for dividing your estate among surviving relatives regardless of what you actually wanted. If you have no surviving relatives, New York State takes the property.
If you die without a will, your family also has to go through New York's probate court, called Surrogate's Court, without the benefit of an executor you chose yourself. A simple will speeds that process up and puts you back in control, including naming a guardian for minor children if you have them.
Step 1: Inventory Your Assets
Start by listing everything you own that a will can address, including:
- Real estate
- Bank accounts
- Investment accounts
- Personal property such as jewelry, vehicles, antiques, and collectibles
- Business ownership interests
- Insurance policies
- Digital assets, including cryptocurrency
- Cash
Step 2: Name Beneficiaries and an Executor
A beneficiary is anyone who inherits property you designate in your will. List full legal names, addresses, and contact information for each one.
You also need an executor, the person who pays your debts and distributes your assets according to the will. Choose someone trustworthy, organized under pressure, and comfortable with financial matters, a spouse, adult child, close friend, or professional. Always name an alternate executor in case your first choice cannot serve.
Most people pair a simple will with a living will to cover medical decisions the will itself does not address.
Step 3: Confirm You Qualify to Make a New York Will
New York sets clear eligibility rules for a valid simple will:
- Age: You must be at least 18 years old.
- Mental capacity: You must be of sound mind, meaning you understand what a will does, what you own, and who your beneficiaries are.
- Two disinterested witnesses: Under EPTL 3-2.1, at least two competent witnesses who are at least 18 must watch you sign and attest to your capacity within a single 30 day window. A beneficiary generally cannot serve as a witness.
- Notarization: Not mandatory, but recommended. A notarized, self-proving will simplifies probate.
Step 4: Draft the Will
Include these core elements:
- Identification: Your full legal name and current address.
- Executor and beneficiaries: Named clearly, with an alternate executor listed.
- Guardian designation: If you have minor children, name who will have custody.
- Residuary clause: Directs any assets not specifically mentioned so nothing defaults to intestacy.
Step 5: Review and Update Your Will Over Time
Revisit your simple will:
- After marriage, divorce, the birth or adoption of a child, an interstate or international move, or a major asset change
- Every few years even without a major life event
You can amend a will with a codicil or revoke it entirely and draft a new one.
Step 6: Execute Your Simple Will
To make the will legally binding, sign it and have your two witnesses sign as well. New York does not require notarization, but a self-proving affidavit means your witnesses will not need to appear in Surrogate's Court later to verify their signatures, which makes probate faster. Once executed, store the will securely and tell your executor where to find it. FastWill's will package walks you through this entire process and connects you to remote notarization when you are ready to sign.
Do You Need More Than a Simple Will?
If you own significant assets, have a blended family, or want to avoid probate altogether, a trust may serve you better than a simple will alone. Explore our trust package or compare all your options on our plans and pricing page. For a broader view of how wills, trusts, and powers of attorney work together, see our New York estate planning guide.
Frequently Asked Questions
What makes a will "simple" versus a standard will?
A simple will covers straightforward estates: it names an executor, beneficiaries, and guardians if needed, without complex trust provisions or tax planning strategies. The legal execution requirements are identical to any other New York will.
Can I write a simple will without a lawyer in New York?
Yes. New York does not require an attorney to draft or execute a will. What it does require is strict compliance with signing and witnessing formalities under EPTL 3-2.1.
How many witnesses does a New York will need?
At least two, both at least 18 years old, and neither can be a beneficiary named in the will.
Is a handwritten simple will valid in New York?
Generally no. New York does not recognize holographic wills except in narrow cases involving active-duty military members, and even then the exception expires after a set period following discharge.
How long does it take to make a simple will with FastWill?
Most people complete the guided process in well under an hour, since the platform is built around New York's statutory requirements from the start.
Draft Your Simple New York Will Now
A simple will does not mean a weak one. Following New York's execution rules precisely is what makes any will, simple or complex, stand up in Surrogate's Court. Start your FastWill will package today and get a document reviewed against New York law.
