Does a Will in New York Have to be Signed by Other Parties?

A will in New York must be signed by the testator and at least two witnesses, who must sign the will within 30 days of witnessing the testator's signature or the testator's acknowledgment that the signature is theirs. Although not required by New York law, most wills include a self-proving affidavit, which is signed by the witnesses before a notary public, to facilitate a smoother probate process.

Testator Signs the Will

In New York, the testator has to sign at the end of his will. If the testator is unable to sign, another person in the testator's presence and by the testator's direction, must sign in the name of the testator.

Witnesses Sign the Attestation Clause

Following the testator's signature in a New York will is an attestation clause, which must be signed by a minimum of two impartial witnesses. This clause affirms that the witnesses observed the testator sign the will or acknowledge their signature, and at the testator's request, the witnesses added their own signatures for the attestation clause. The witnesses are required to sign within 30 days of witnessing the testator's signature on the will.

To maintain impartiality, a witness cannot be named as a beneficiary in the will. If a beneficiary does serve as a witness, they will lose their inheritance, unless there are three total witnesses, providing two disinterested parties to attest to the will's validity in the absence of the beneficiary-witness. The presence of a properly executed attestation clause establishes a rebuttable presumption that the will was duly executed.

Witnesses and the Notary Sign the Self-Proving Affidavit

Although New York law does not require it, most wills nowadays incorporate a self-proving affidavit. The self-proving affidavit states that the will was subscribed and sign in the witnesses' presence, that the testator declared that the document subscribed was his or her will, that the witnesses signed at the request of the testator and in the testator's presence, and that the testator could read, write and converse in English, that the testator was of sound mind, memory, and understanding, and was not under undue influence or duress.

The self-proving affidavit is signed by the two witnesses and notarized by the notary. When a self-proving affidavit is incorporated into a will, it can eliminate the need for live testimony of the witnesses in a probate proceeding involving an uncontested last will and testament.

In summary, for a New York will to be valid, it must, at the very least, bear the signature of the testator at the end of the document and the signatures of the witnesses at the conclusion of the attestation clause. While not mandated by law, the majority of wills today also incorporate a self-proving affidavit, which is similarly signed by the witnesses and further authenticated by the notary's signature.

The execution of a New York will requires the observation of strict formalities. Otherwise, it may be denied probate by court and an estate may be directed to be distributed in accordance with state intestacy laws. A will drafted and whose execution is supervised by an attorney carries a presumption that the will was regularly executed without deficiencies or defects.

For this reason, drafting a will and executing it under the supervision of an experienced New York estates planning attorney like us is crucial. Should you need assistance in writing your will or estate planning in general, the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan, New York, NY. Call us at 212-233-1233 or email [email protected] to schedule a consultation.