New York Last Will and Testament

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New York Last Will and Testament

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Last updated April 28th, 2026

A New York last will and testament is a legal document that specifies how an individual wants their estate distributed when they die. The will lists the beneficiaries, describes their entitlement to the estate assets, and designates the will’s executor. Having this document in place ensures a smoother estate administration for those handling it and the individual’s loved ones.

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A New York last will and testament is a legal document that specifies how an individual wants their estate distributed when they die. The will lists the beneficiaries, describes their entitlement to the estate assets, and designates the will’s executor. Having this document in place ensures a smoother estate administration for those handling it and the individual’s loved ones.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Two witnesses.[2]
  • How to Revoke – Destroying, creating a new will, or executing a witnessed revocation document.[3]

Probate in New York

Petition for Probate of Will

To probate the will, first the executor must submit the following to the surrogate court of the county where the decedent lived[4]:

  • Original Last Will and Testament
  • Death Certificate
  • Probate Packet (includes Petition for Probate, Affidavit of Attesting Witness, Waiver of Process, Notice of Probate, Affidavit of Mailing Notice of Probate)
  • Filing fee

The executor must mail a Notice of Probate to each interested party and file it with the court with an attached Affidavit of Mailing.[5] If the court approves, the executor will then be provided with Letters Testamentary.[6] Afterwards, the executor must file with the court an Inventory of Assets.

With the letters, the executor will have the authority to file an Application for Employer Identification Number (Form SS-4) with the IRS and settle the estate’s debts and obligations.[7] To close the estate, the executor must then distribute the estate, obtain a signed Receipt and Release from each recipient, and file those along with an Affidavit by Fiduciary in court.[8]