Will Requirements in New York
New York requires at least two attesting witnesses who sign within a 30-day period, allows attesting witness affidavits to prove the will, and recognizes holographic wills only for armed forces members during armed conflict and mariners at sea.
Last checked . General information, not legal advice.
New York at a glance
- Witnesses
- 2 witnesses
- Self-proving affidavit
- Allowed
- Handwritten (holographic) wills
- Limited cases only
- Only for a limited group, such as members of the armed forces or mariners
The rules in New York
How many witnesses does a will need in New York?
A will in New York must be signed in front of two witnesses, who sign it too.
Can a will be self-proved in New York?
Yes. New York allows a self-proving affidavit, which lets a court accept the will without calling the witnesses to testify.
Is a handwritten will valid in New York?
Only in limited cases. New York allows unwitnessed wills only for a limited group, such as members of the armed forces or mariners.
Where do the New York rules for wills come from?
They come from N.Y. EPTL 3-2.1, N.Y. EPTL 3-2.2 Nuncupative and holographic wills and N.Y. SCPA 1406 Proof of will by affidavit of attesting witness. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
What this means in practice
Sign the will in front of all the witnesses at the same time and have them sign right after you. Many people choose adult witnesses who receive nothing under the will, which avoids questions later.
Keep the signed original somewhere safe and tell your executor where it is. A copy is usually not enough to probate a will.
Changing a will later takes the same formalities: sign a codicil or a new will with witnesses, rather than writing changes on the original.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.