Writing Your Last Will & Testament In New York

Your will is a legal document that provides instructions on how you would like your assets to be distributed when you die. A well-written will also include instructions on how you’d like your funeral service to be planned, what will happen to any pets once you’re gone, and much more. Writing a will, and keeping it updated, is an essential part of estate planning that shouldn’t be delayed.

When Should I Write My Will?

There is no time like the present to draft your will and start thinking about how you’d like your loved ones to be cared for once you’re gone. No one can predict the future, so you should take action to write a legal will now. This will ensure that your wishes are carried out properly if the unforeseen should happen.

Another important thing to keep in mind regarding your will is to update it regularly. You should review your will every few years, and make necessary adjustments after big life events and milestones. Some suggestions on when to create or update your will include:

• Turning 18 years old
• Acquiring a new home or other large asset
• Building significant wealth through inheritances or other windfalls
• Marriage or divorce
• Birth of a child
• Starting a new business

You can update your will any time that you want to make changes, but it is especially important during major changes to your circumstances.

Do I Need a Lawyer to Write a Will?

No, a lawyer is not required to write a legal will in New York. If your estate situation is simple and you have an average number of assets and no unusual plans that may cause conflict among your beneficiaries, you can write the will without the help of a lawyer.

Doing so is normally faster, convenient, and inexpensive. However, you must make sure that you follow the correct procedure to make the will legal. You must fully understand the process and your estate holdings. List your beneficiaries clearly and name an estate executor to carry out the instructions written in the will. Consider guardianship if you have children, how to divide your property, and your state's individual requirements.

If you have a significant number of assets or complex instructions, a lawyer—or a more budget-friendly expert service like ClearEstate—can help to make sure nothing is forgotten.

What Are the Requirements for Writing a Legal Will in New York?

Writing a legal will in New York has the following requirements:

• You must be 18 years of age or older.
• The will should be in writing, either handwritten or typed, and printed out.
• You need to be mentally competent and understand the terms you are completing.
• Sign and date the will in front of two witnesses.
• Have your witnesses sign the will to confirm that they’ve seen you sign the will.

The same process can be completed anytime you need to update your will as well.

What Happens If I Die Without a Legal Will?

Dying intestate is when someone dies without having written a will, or the document cannot be found. Failing to provide a will can have some consequences for your estate. It can take more time to complete the estate settlement, there is room for contestation, and your true wishes may not be followed.

If you fail to provide documentation and name an executor, the court will appoint one to handle your estate. The executor, or administrator, is tasked with gathering and distributing all of your assets, paying outstanding bills, and filing the necessary paperwork. Without designated beneficiaries, your assets will be distributed according to New York succession laws and be given to your closest relatives. Another potential risk of not leaving behind a will is related to guardianship. If you have minor children and no spouse to take custody, the court will appoint a guardian for the children. The person they choose may not be the person you would prefer to raise your underage beneficiaries.

Creating a will as soon as possible will give you peace of mind that your instructions will be followed and your loved ones provided for.

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