How do I write a will?
A will is a legal document that states how a person’s property should be distributed after death and can name an executor and, for parents of minor children, a guardian. New York does not require an attorney to draft a will, but the state’s specific witnessing and signing requirements mean a small mistake can make a will invalid, which is why attorney review is widely recommended. Bartolomeo & Perotto Funeral Home offers this general guidance; for drafting or reviewing an actual will, an estate attorney is the right resource.
What a Will Generally Covers
A will commonly names an executor, states how property should be distributed, and, for parents of minor children, can name a guardian.
Why Professional Drafting Is Widely Recommended
New York has specific requirements for how a will must be signed and witnessed to be valid. A will that does not meet those requirements can be challenged or set aside, which is why many people have an attorney draft or review a will before signing it.
What Happens Without a Will
If someone dies without a valid will, New York’s intestacy laws determine distribution by statute rather than the person’s actual wishes.
This Page Is a Starting Point, Not a Substitute for Legal Advice
Writing or updating an actual will should involve a licensed New York attorney, who can account for a family’s specific assets and goals.
Frequently Asked Questions (FAQs)
Do I need a lawyer to write a will in New York?
Not legally required, but New York’s specific witnessing and signing requirements are why attorney review is widely recommended.
What does a will typically address?
Naming an executor, distributing property, and for parents, naming a guardian.
What happens if I die without a will in New York?
New York’s intestacy laws determine distribution, which may not match the person’s actual wishes.
Can a will be changed after it is written?
Yes, generally through a formal amendment or a new will that revokes the old one; informal handwritten changes are generally discouraged.