Most New York wills that fail probate don’t fail because of bad intentions. They fail because of procedural errors the testator never knew were errors. The good news: every mistake below is preventable when you work with an experienced NY estate attorney from the start.
The Costliest NY Will Execution Mistakes
| Mistake | Why It Matters |
|---|---|
| Only one witness signs | EPTL §3-2.1 requires at least two attesting witnesses |
| Testator signs in the wrong place | Signature must appear at the end of the will |
| Testator never “publishes” the will | You must declare the instrument to be your will to each witness |
| Witnesses sign on different occasions far apart | Both must sign within the same 30-day period |
| Conflating a living will with a property will | A living will is a health-care document — it transfers no property |
| Dying without a valid will | EPTL Article 4 controls who inherits — not you |
A surviving spouse may also assert a forced share under EPTL §5-1.1-A regardless of what your will says — another reason precise drafting matters as much as execution.
Work With Russel Morgan, Esq.
Russel Morgan and the Morgan Legal Group team serve clients across New York City, Long Island, Westchester, the Hudson Valley, and Upstate New York. Whether you need a new will, a codicil, or a review of NY execution requirements, we help you get it right the first time — so your will is admitted to probate in Surrogate’s Court without contest.
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