New York Last Will and Testament Form

The New York last will and testament is a legal document that individuals (testators) use to provide a written record, stating how they would like to have their estate distributed once the testator is deceased. The estate may include financial accounts, real property and/or personal property. This form will also accommodate appointment of an executor. This document must be completed by the Testator while they are of sound mind. The form may be changed or revoked at the testator’s discretion.

Laws – Estates, Powers & Trusts §§3-1.1, et seq.

How to Write

Step 1 – Begin by entering the Testator’s name at the top of the page to establish the document, enter:

  • Testator’s name
  • City of residence
  • County of residence
  • Testator must read “Expenses and Taxes”

Step 2 – Appointment of Executor – The Testator may establish their executor by providing the following information:

  • The name of the selected executor
  • Address
  • County
  • State of residence

If the initially appointed executor is unable to serve, an alternate may be established by provision of the following information:

  • Submit the name of the selected alternate
  • Enter their Address
  • County of residence
  • State of residence

Step 3 – Disposition of Property – The testator must enter all beneficiary information, if there are more beneficiaries, add a sheet, enter the additional beneficiary information and attach. Submit the following:

  • All Beneficiary’s names
  • Addresses
  • Relationships to testator
  • Provide the last four (4) digits of each beneficiary’s Social Security Number
  • Read the next paragraphs
  • Should the Testator need to apply more instructions, they may add a separate sheet and attach it to the form

Step 4 – Titled Sections – Read:

  • Omissions
  • Bond
  • Discretionary Powers of Personal Representative (subsections A through K)
  • Contesting Beneficiary
  • Guardian Ad Litem Not Required
  • Gender
  • Assignment
  • Governing Law

Step 5 – Binding Agreement – Read and agree to the first paragraph. Enter the following:

  • Testator’s name
  • Submit the date of the document(dd/mm/yyyy)
  • Testator’s name
  • Testator’s printed name
  • Date of signature in dd/m/yy format
  • Testator’s name

Step 6 – Witness Signatures and Notarization – Signatories must be in the presence of a notary before signing the document

Witnesses –

  • Witnesses signatures (respectively)
  • Addresses

Testamentary Affidavit –

  • Once the document has been completed, it must be witnessed by a notary
  • The notary will enter the names of all signatories
  • Testator’s signature
  • Witnesses signatures