Is An Online Will Legally Valid in New York?
Yes, online wills are legally valid in New York. Although creating a will online is the first step, you still have to sign and witness it correctly on paper for it to hold up in Surrogate's Court. Learn more about those rules below.
Not to worry, FeedingBird will guide you every step of the way.
What Makes an Online Will Legally Valid in New York?
New York requires a will to be in writing and signed by the person making it (the testator) at the end of the document, in the presence of two witnesses. Both witnesses must sign within 30 days of each other, and neither should be a beneficiary named in the will. While notarization is not required to make the will valid, attaching a notarized self-proving affidavit is advised because it speeds up probate later and negates the need for your witnesses to appear in court.
New York does not recognize holographic (handwritten, unwitnessed) wills, except in narrow circumstances for active-duty members of the armed forces. A handwritten document that is not properly witnessed will not be accepted as a valid will.
What You Need to Know about Online Wills in New York
Estate laws are state specific and can vary significantly depending on where you live. They are also known for being highly complex. Make sure your online will is structured according to your state's guidelines to avoid a long, overwhelming court process.
New York and Spousal Rights
New York is not a community property state. Instead, a surviving spouse who is left out of a will, or given very little, generally has the right to claim an elective share of the estate, typically the greater of $50,000 or one-third of the estate. This is separate from what happens if there is no will at all.
New York Probate
Most estates in New York go through Surrogate's Court. Smaller estates may qualify for Voluntary Administration, a simplified process available when the decedent's personal property is worth $50,000 or less. This process cannot be used if the decedent owned real estate solely in their own name.
Avoiding Probate in New York
Because probate can be a lengthy and public process, people sometimes wish to avoid it altogether. Here are some ways you can do that.
- Choose a revocable living trust. A living trust lets you keep control and names a successor trustee to manage distribution after your death, while keeping you out of probate court.
- Make sure financial and retirement accounts have beneficiaries listed. A payable-on-death (POD) designation specifies who receives funds at the time of your death, and a transfer-on-death (TOD) designation names a new owner for brokerage accounts.
- Hold real estate as joint tenants with right of survivorship or, if married, as tenants by the entirety, so the property passes automatically to the surviving owner.
Want to learn more about trusts? Discover what is included in a trust.
