Professional Will Drafting in the Capital Region

In New York, a valid will must be in writing, signed by the testator with intent to make a will, and witnessed by two disinterested witnesses (people who don't stand to inherit). The witnesses should sign in the presence of the testator and each other. Many people also notarize their wills, which creates a 'self-proving' affidavit under New York law, reducing probate challenges later.

While you can draft your own will (called a holographic or handwritten will), this is risky. DIY wills often contain language that's unclear, fail to address tax implications, or don't comply with New York's execution requirements. Courts may need to interpret ambiguous language, leading to costly disputes. Our attorneys ensure your will is clear, valid, and accomplishes your goals without litigation.

If you die intestate (without a will), New York law determines how your estate is distributed. Generally, your assets pass to your spouse (if any) and children according to a fixed order. This process ignores your preferences, requires court involvement, and may result in assets going to relatives you wouldn't have chosen. An executor must still be appointed, and the probate process can be lengthy and expensive.

You should review your will every 3-5 years or whenever major life events occur: marriage, divorce, birth of children or grandchildren, significant asset changes, or relocation. New York recognizes amendments through codicils (separate documents) or by executing an entirely new will. We recommend periodic reviews to ensure your will reflects your current wishes and complies with any changes in New York law.

A will directs how your property passes at death and is processed through probate. A trust, created during your lifetime, holds assets and can pass to beneficiaries outside probate, offering privacy and potentially faster distribution. Many people use both: a will to handle any assets not in a trust, appoint guardians, and direct other final wishes, plus a trust to manage significant assets and avoid probate complications.