Create a New York Last Will and Testament with our customizable template!
In the State of New York, a Last Will and Testament is a document written by a Testator (the person creating the Will) that clearly states what they wish to do with their belongings and assets once they pass away. Generally, Testator’s use these documents to pass or transfer their assets to their children, spouse, or close family friends, but can also use the Will to donate assets to charity as well as to share specific wishes, such as special instructions to honor during the last meal. In New York, this document must be signed by two witnesses within 30 days of one another, and they must each write their complete address beneath their signatures. The purpose of having two witnesses sign the Will is to help ensure that the Testator meets the legal requirements for creating the document. After the Will is created and executed, it should be kept somewhere safe that also makes the document easy to access, such as with the Testator’s attorney or with a trusted family member.
Definition of Will - § 1-2.19
Laws - Estates Powers and Trusts
Witnesses - According to Section 3-2.1, the Will must be signed by two (2) witnesses within a 30 day period and must include their addresses beneath their signatures.
Step 1 - Using the template provided by FormSwift, enter your full legal name, followed by your identified gender.
Step 2 - Enter your city and county of residence.
Step 3 - Select your marital status from one of the following choices:
If you are not single, enter the name of your spouse.
Step 4 - If you have children, pets, property, or life insurance policies, provide that information here.
Step 5 - List your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.
Step 6 - Provide the amount of money or percentage of your property you’d like to leave each child.
Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone with a disability, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - Enter the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Enter the age they will be when the benefits end.
Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information for a Trustee as well as for an alternate Trustee:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you have minor children, consider naming a guardian or conservator to care for them if you die. Provide the following information for the guardian, an alternate guardian, and/or a conservator:
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
Remember that you must have two witnesses who sign your Will within 30 days of you signing it. Do not forget to include their full address under each signature.
In the State of New York, creating a legal document known as a last will and testament is an important step in the estate planning process. A will outlines how your property (assets) should be divided, names an executor to carry out any wishes listed in the will, and can be used to name a guardian or conservator for minors. It can also be used to make charitable contributions.
New York has no legal requirement in place for the creation of a last will and testament. However, creating one can provide you with many benefits.
Without a New York will in place, intestacy laws are enacted. This means that the probate courts will determine the outcome of your estate. In the absence of a will, if there is only a surviving spouse, the spouse will inherit the entirety of the estate. If there are only descendants and no surviving spouse, the descendents will inherit everything. If there is both a surviving spouse and surviving children, the spouse would inherit the first $50,000 of the estate, plus half of the remainder. The rest would be divided among the children. If there is no surviving spouse or children, the next closest relative will be determined by the court and will inherit the estate. If no relatives can be found, the State of New York becomes the beneficiary of the estate and absorbs the assets.
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