The short answer: in New York, a will (a last will and testament) controls who inherits your property after you die, while a living will is a health-care document that states your wishes about end-of-life medical treatment while you are still alive but unable to speak for yourself. They sound nearly identical, but they do opposite jobs at opposite times
To choose an executor for your New York will, name a trustworthy, organized, and financially responsible adult who is willing to serve, who can qualify before the Surrogate’s Court, and who will not be disqualified by the court — then name at least one backup. The executor is the person who steps into your shoes after death to collect your
To change a will in New York with a codicil, you create a separate written document that references your existing will, states the specific changes you want, and then execute that codicil with the exact same formalities required for the will itself under New York’s Estates, Powers and Trusts Law (EPTL) §3-2.1. That means at least two attesting witnesses, your
A New York will needs at least two attesting witnesses. That is the bottom line under New York’s Estates, Powers and Trusts Law (EPTL) § 3-2.1, the statute that governs how a will must be signed and witnessed. Two competent witnesses must watch you sign your will (or hear you acknowledge your signature), and both of them must sign their
No — a will does not avoid probate in New York. In fact, the opposite is true: a will is the very document that triggers probate. A New York will takes legal effect only at death, and before it can distribute a single dollar, it must be filed and “admitted to probate” in the Surrogate’s Court of the county where
Yes — you can legally write your own will in New York. There is no requirement that an attorney draft it. But here is the part most do-it-yourself testators learn too late: New York holds every will to the same strict execution standard under Estates, Powers and Trusts Law (EPTL) §3-2.1, whether a lawyer prepared it or you typed it