Sample New York Will Form with Clause-by-Clause Attorney Instructions

By Albert Goodwin, Esq. — New York estate litigation and estate planning attorney, admitted to the New York State Bar. Read attorney bio. Attorney-reviewed. Last updated: 2024.

This page provides a complete, readable sample New York will, a sample self-proving affidavit, and a clause-by-clause explanation of what each part does and the law behind it. You can read the full text inline below and download the form:

Download the Sample New York Will Form (Word document)

Important: This form covers only the simplest possible situation — one person leaving everything to one other person. It is provided for educational purposes. Read the execution steps and the warnings below carefully before relying on it.

How a New York Will Must Be Signed (EPTL § 3-2.1)

A New York will is only valid if it is executed exactly the way the statute requires. EPTL § 3-2.1 sets out these formalities:

1. Signature at the end. The testator (the person making the will) must sign at the end of the document. Anything written below the signature may be disregarded.
2. Publication. The testator must declare to the witnesses that the document is the testator's will. The traditional words are: “This is my Will.”
3. Witnessing. The testator must sign, or acknowledge a prior signature, in the presence of each attesting witness, and must request the witnesses to sign.
4. Two witnesses, within 30 days. There must be at least two attesting witnesses, and they must both sign within a 30-day window of each other.

Witnesses must be at least 18 and competent. A witness who is also a beneficiary can still witness, but the gift to that witness may be void or reduced under EPTL § 3-3.2 unless there are at least two other disinterested witnesses. The safe practice is to use witnesses who receive nothing under the will.

Sample New York Will — Annotated Clause by Clause

Below is the structure of the downloadable form with commentary explaining the function of each clause, the EPTL basis where relevant, and the most common mistakes.

1. Identification and Declaration

“I, [Full Legal Name], residing at [Address], being of sound mind, declare this to be my Last Will and Testament.”

What it does: Identifies the testator and the document. Common mistake: using a nickname instead of the full legal name, which can complicate matching the will to assets and to the death record.

2. Revocation of Prior Wills

“I revoke all wills and codicils previously made by me.”

What it does: Cancels any earlier will. Common mistake: omitting this clause and leaving two inconsistent documents in existence, which invites a contest about which one controls.

3. The Dispositive Clause (Gift of the Estate)

“I give my entire estate to [Beneficiary Name]. If [Beneficiary] does not survive me, I give my estate to [Alternate Beneficiary].”

What it does: Transfers the estate. Common mistake: failing to name an alternate (contingent) beneficiary. If the only named beneficiary dies first and there is no backup, the property passes by intestacy under EPTL § 4-1.1 — not where you intended.

4. Executor Nomination

“I nominate [Executor Name] as Executor of this Will. If unable to serve, I nominate [Successor].”

What it does: Names the person who will probate the will and administer the estate. Common mistake: naming a single executor with no successor, or naming someone who cannot serve (a non-domiciliary alien or a convicted felon may be disqualified under SCPA § 707).

5. Attestation Clause and Signatures

The attestation clause is the paragraph above the witnesses' signatures stating that the testator declared the document to be the will, signed in their presence, and requested them to sign. This recital is important evidence later that the EPTL § 3-2.1 formalities were observed.

Sample Self-Proving Affidavit

A self-proving affidavit is a separate, notarized statement signed by the testator and both witnesses at the same time the will is signed. It is the single most valuable optional clause you can add. Under SCPA § 1406, a will accompanied by a properly executed affidavit can be admitted to probate without having to locate the witnesses years later and ask them to testify again.

Without it, the executor must track down the original witnesses at the time of probate to confirm their signatures. If a witness has died, moved, or cannot be found, the estate faces extra cost and delay. The affidavit costs nothing extra to include — it just requires a notary present at the signing.

What This Form Cannot Safely Do

The sample form is deliberately minimal. Do not use it for any of these situations — each one requires a tailored estate plan:

• Multiple beneficiaries receiving different shares.
• Specific bequests of particular items or dollar amounts.
• Gifts to minors, who need a guardian or trust to receive property.
• Disinheriting a spouse — the surviving spouse's elective share under EPTL § 5-1.1-A overrides the will.
• Disinheriting an heir who may contest.
• Special-needs planning for a disabled beneficiary.
• Estate-tax planning around the New York or federal exemption.
• Business succession or real estate in more than one state.
• Assets that pass outside the will — joint accounts, payable-on-death accounts, and life insurance with named beneficiaries are not controlled by any will.

If your situation involves any of the above, see our guidance on working with a will attorney in NYC or, if you are planning for a parent, helping a parent make a will.

Where to Keep the Original Will

Only the original signed will is probated; a copy is generally insufficient unless a lost-will proceeding proves both its contents and its validity. Options for storing the original:

• Home safe — free and convenient, but vulnerable to fire and theft.
• Safe deposit box — secure, but can create access problems if the box is in the decedent's sole name.
• Attorney's office — many attorneys hold original wills for clients.
• Surrogate's Court will deposit — under SCPA § 2507, the Surrogate's Court will accept an original will for safekeeping during your lifetime for a small fee.

Whatever you choose, make sure your named executor and at least one family member know where the original is kept.

Updating Your Will

Review your will after every major life event — marriage, divorce, the birth of a child, the death of a beneficiary or named executor, a significant change in assets, or a move to another state. A change made by simply crossing out language or writing on the signed will is not valid; you must either execute a codicil with the same formalities as a will, or, preferably, sign a brand-new will that revokes the old one. New wills are usually safer than codicils because they avoid inconsistencies and the risk of a missing amendment.

Frequently Asked Questions About New York Wills

Is a handwritten (holographic) will valid in New York?

Generally no. Under EPTL § 3-2.2, handwritten wills not executed with witnesses (and nuncupative, or oral, wills) are valid only in very narrow circumstances, such as for members of the armed forces during active service. For nearly everyone, a will must meet the witnessed formalities of EPTL § 3-2.1.

How many witnesses does a New York will need?

At least two competent witnesses who are over 18. Both must sign within 30 days of each other.

Does a New York will have to be notarized?

The will itself does not have to be notarized to be valid. However, the optional self-proving affidavit must be notarized, and including one is strongly recommended because it streamlines probate.

Can a beneficiary be a witness?

A beneficiary may serve as a witness, but under EPTL § 3-3.2 the gift to that witness can be void or reduced unless there are two other disinterested witnesses. Use witnesses who inherit nothing.

Where is the will filed after death?

The original is filed with the Surrogate's Court in the county where the decedent was domiciled, along with a probate petition. See our overview of a sample NYC probate timeline.

Does a will avoid probate?

No. A will is what is probated. If avoiding probate is your goal, a will alone will not do it — see how to avoid probate in New York and the benefits of a living trust.

Warnings and Limitations of This Free Form

We provide this sample so New Yorkers can understand how a will is structured and executed. But you should understand its limits:

• Even if you follow the steps, a homemade will can fail or be challenged. There is no guarantee.
• This form gives the entire estate to one person. Modifying it for anything else can produce results you did not intend.
• You may use this form only for yourself. Filling out or drafting a will for someone else is the unauthorized practice of law under Judiciary Law § 478 and can carry criminal penalties.
• No support is provided for this form. Use it at your own risk.

For most people, the cost of a properly drafted will is small compared with the cost of an estate dispute, an unintended tax bill, or a beneficiary who loses their inheritance because a form did not fit their situation. We believe you should have a lawyer prepare your will. If you would like help, you can speak with a New York estate attorney.