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Making a Last Will and Testament in New York
A New York Last Will and Testament (a "Will") is a legal document that lays out your wishes related to asset distribution after death, including who will inherit your personal belongings, your money, or your home.
The person making a Will is known as the "testator," while the person or organization being appointed to handle the testator's estate after death is known as the "executor." Suitable for New York residents, this free Last Will and Testament can be used in Kings County, Queens County, New York County, and in every other part of the state. Any New York Will from Rocket Lawyer can be edited to address your unique scenario. As a result of this essential legal document, your executor(s) will have a point of reference for your preferences.
It is fast and easy to outline your preferences with a free New York Last Will and Testament template from Rocket Lawyer:
This route is, in most cases, much less expensive than working with your average provider. If needed, you can fill out a Last Will and Testament on behalf of an elderly parent, a spouse, or another family member, and then have that person sign it once you've drafted it. Please keep in mind that for a Will to be considered valid, the testator must be a mentally competent adult when they sign. If the testator has already been declared legally incompetent, a conservatorship might be required. When facing this scenario, it is important for you to work with a lawyer.
Every adult should have a Last Will and Testament. Although it can be challenging to acknowledge, your loved ones will need to know your preferences in relation to guardianship (if applicable), your property, and/or assets should you pass away. Here are some typical occasions where you might consider it useful to make or update your Will:
Whether this New York Last Will and Testament has been drafted as part of a long-term plan or created as a result of a change in your life, notarization and witnesses will often help to protect your document if a third party doubts its validity.
Writing a Will is generally simple, but you or your executor could still have legal questions. Depending on whom you reach out to, some attorneys will not even accept requests to review documents that they did not author. A better approach worth consideration is to get help via the Rocket Lawyer On Call® network. By signing up for a Premium membership, you will be able to request feedback from an On Call attorney with relevant experience or send other questions about your Will. As always, we are here for you.
The cost of finding and working with your average legal provider to draft a Last Will and Testament could total anywhere from two hundred to one thousand dollars. Different from many other websites that you may come across, Rocket Lawyer offers much more than a Last Will and Testament template. If you ever require assistance from a lawyer, your membership offers up to a 40% discount when you hire an attorney from our On Call network.
As a Rocket Lawyer member, you can edit it, download it as a Word or PDF document, and/or print it. In order to make this New York Last Will into a truly legal document, you must sign it. Even if you decide to make copies, make sure to keep your signed original document in a safe place where it can't get wet or otherwise damaged. It is critical that someone knows where it can be found after your passing.
The requirements governing Wills are different in each state; however, in New York, your Will requires two witnesses. As a basic standard, witnesses should be mentally competent people of sound mind. No witness should also be designated as a beneficiary of the Will. Furthermore, it is a best practice that you have your Will acknowledged by a notary public to help reinforce the validity of the document.
Legal references for a Will in New York: PBH, Chapter 17-B, Article 3, Part 2
A Last Will does not have to be filed with the court until the testator passes away. Filing a Last Will (along with any other forms needed by the county) initiates the probate process.