Most people don't think they need a will until something happens that makes them wish they had one. A serious illness. A car accident. A diagnosis that changes everything.
In New York, the answer to dying without a will is New York's intestacy laws — a fixed distribution formula written in statute, with no room for your actual wishes. Your unmarried partner receives nothing. Your blended family is treated according to biological relationships, not emotional ones. The court decides who raises your children.
A will takes that power away from the courts and gives it back to you.
Without a Will in New York — NY EPTL § 4-1.1
- ✕Spouse gets first $50,000 + 50% of the remainder; children split the other 50%
- ✕Unmarried partners receive nothing — regardless of length of relationship
- ✕Step-children receive nothing from a step-parent's estate
- ✕A court appoints your children's guardian — possibly someone you would never have chosen
The Path to a Valid Will
Four Steps to a Legally Effective New York Will
1
Free Consultation — Family, Assets, Wishes
We discuss your family, your assets, your concerns, and your wishes. We explain what a will can and cannot do — and whether you also need a trust, power of attorney, or healthcare directive. No pressure.
2
Will Drafting — EPTL-Compliant Language
We draft your last will and testament — naming your executor, designating guardians for minor children, distributing your estate to your chosen beneficiaries, and addressing specific bequests. Precise legal language that Surrogate's Court will recognize.
3
Execution Signing Ceremony — Properly Witnessed
We coordinate a signing ceremony meeting New York's execution requirements: your signature plus two witnesses (who are not beneficiaries), signed in each other's presence. We handle notarization where required.
4
Safekeeping and Updating
We provide guidance on where to store your will and how to update it when life changes — marriage, divorce, new children, major new assets, or relocation to a different state.
What Your Will Covers
What We Include in Every New York Will
Executor Designation
Your executor collects assets, pays debts and taxes, and distributes your estate according to your instructions. We help you choose wisely — and name a backup in case your first choice cannot serve.
Guardian for Minor Children
The most important provision for parents. Without it, a court appoints a guardian — possibly someone you would not have chosen. This provision alone is worth the cost of the entire estate plan.
Asset Distribution
You decide who gets what. Specific bequests, residuary estate distributions, and percentage-based splits — all drafted precisely so there's no ambiguity about your intentions.
Contingency Planning
What if your primary beneficiary predeceases you? We draft alternates and per-stirpes distributions so your estate goes where you intend even in unexpected circumstances.
Testamentary Trust for Minor Children
For minor children, a trust created inside your will holds inherited assets with a trustee until your children reach the age you specify — rather than receiving a lump sum at 18.
Will vs. Trust
Which Do You Need?
Many New York families benefit from both. A revocable trust manages assets and avoids probate. A pour-over will names guardians and catches anything not transferred to the trust.
Wills vs. Trusts: When to Use Each
| Feature | Will | Trust |
|---|
| Avoids probate? | No | Yes |
| Private? | No (public record) | Yes (private) |
| Takes effect | At death only | Immediately (amendable while alive) |
| Works if incapacitated? | No | Yes (with successor trustee) |
| Names guardians for children? | Yes | No (use will for this) |
| Best for... | Simpler estates; naming guardians | Larger estates, privacy, blended families |
A revocable trust to manage assets and a pour-over will to name guardians is the most common New York estate plan.
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil knows New York's EPTL execution requirements, the Surrogate's Court process, and how to draft a will that holds up — even when challenged. Our Manhattan office serves all five boroughs, Westchester, Nassau, and Suffolk counties.
View Full Profile → Common Questions About Wills in New York
Do I need a lawyer to write a will in New York?
You are not legally required to hire an attorney. However, New York's execution requirements are precise. A will that fails to meet them may be contested and invalidated by the court. An attorney also ensures your will is integrated with beneficiary designations, joint accounts, and other estate planning documents.
How much does a New York will cost?
Simple wills typically cost $500–$1,500 at Red Knot Law depending on complexity. A complete estate plan — will, trust, power of attorney, and healthcare directive — starts at $2,500. We offer flat-fee packages — ask at your consultation.
Who should I name as my executor?
Someone you trust absolutely — spouse, adult child, sibling, or trusted friend. You can also name a professional executor (bank, trust company, attorney). Name an alternate executor in case your first choice is unable or unwilling to serve.
Can I disinherit my spouse?
Not entirely in New York. Your spouse is entitled to a "right of election" — a minimum of one-third of your "net estate" under EPTL § 5-1.1-A, regardless of what your will says. Children (other than pretermitted children) can be disinherited if the will explicitly says so.
Ready to protect your family? Schedule your New York wills consultation or browse our estate planning FAQ.
Estate Planning Notice: Estate planning laws vary by state and change frequently. This website provides general information only and does not constitute legal advice. A consultation with an attorney licensed in your state is required for legal advice tailored to your situation. Wills and trusts must be executed in accordance with state law or they may be invalid. The information on this site does not create an attorney-client relationship.
