Is an Online Will Legal in New York?

An online service can prepare a valid New York will, but it must be printed and executed on paper under EPTL 3-2.1: the testator signs at the end before each of two witnesses (or acknowledges the signature to each), declares the instrument to be a will, and the witnesses attest within one thirty-day period. New York's electronic wills act is on the books but does not take effect until December 12, 2027.

Published: August 16, 2026Statutes verified: August 16, 2026

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid New York will.

Sign it fully remotely

Paper signing

Whether New York recognizes an electronic will executed without an in-person paper signing.

What this means for you

New York's ceremony has traps a form service will not catch: anything after the signature is given no effect, each witness must hear the testator declare the document a will, and both witnesses must attest within the same thirty-day window. Notarization is not required, but having the witnesses sign an SCPA 1406 affidavit at execution spares the estate from tracking them down at probate.

What New York Law Requires

The governing law is N.Y. Est. Powers & Trusts Law (EPTL) art. 3 (Substantive Law of Wills); self-proof by affidavit at SCPA 1406; electronic wills (enacted, effective 2027-12-12) at EPTL art. 3, part 6. Each rule below links to the official source it was read from.

Requirement	The New York rule	Statute
Who can make a will	Age 18 or older, sound mind and memory.	EPTL 3-1.1
Written document	Required.	EPTL 3-2.1(a)
Signature	The testator signs, at the end of the will. Another person may sign in the name of the testator, in the testator's presence and by the testator's direction; the proxy must also sign his or her own name and affix his or her residence address to the will, and does not count as an attesting witness. Failure to affix the address does not invalidate the will.	EPTL 3-2.1(a)(1)
Witnesses	2. The testator's signature must be affixed to the will in the presence of each attesting witness, or acknowledged by the testator to each of them to have been affixed by him or by his direction; the testator may sign in front of, or acknowledge to, each witness separately. The testator must also, at some time during the ceremony or ceremonies, declare to each attesting witness that the instrument is his or her will (publication). The two witnesses must both attest the signature within one thirty-day period and, at the testator's request, sign their names and affix their residence addresses at the end of the will; the statute does not require them to sign in the presence of the testator or of each other.	EPTL 3-2.1(a)(2)-(4)
Notarization	Not required for validity. A self-proving affidavit is optional and speeds probate.	SCPA 1406

Signing Day in New York

The testator's signature must be affixed to the will in the presence of each attesting witness, or acknowledged by the testator to each of them to have been affixed by him or by his direction; the testator may sign in front of, or acknowledge to, each witness separately. The testator must also, at some time during the ceremony or ceremonies, declare to each attesting witness that the instrument is his or her will (publication). The two witnesses must both attest the signature within one thirty-day period and, at the testator's request, sign their names and affix their residence addresses at the end of the will; the statute does not require them to sign in the presence of the testator or of each other.

The execution and attestation steps need not follow the precise statutory order. There is a rebuttable presumption that the thirty-day attestation window was met, and a witness's failure to affix a residence address does not affect validity.

The self-proving step worth adding

Under SCPA 1406 the attesting witnesses swear an affidavit stating the facts they would be required to testify to in court; the Surrogate's Court accepts it as though the testimony had been taken before the court, unless a party entitled to process objects or the court requires the witness's examination. Timing: at the testator's request during life (commonly at the execution ceremony) or, after death, at the request of the executor or the will's proponent.

Choose witnesses carefully

A beneficial disposition or appointment to an attesting witness is void unless, at execution and attestation, at least two other attesting witnesses received no beneficial disposition under the will; even then it is void if the will cannot be proved without that witness's testimony. A purged witness who would take in intestacy receives so much of the intestate share as does not exceed the value of the voided gift.

Shortcuts New York Does and Does Not Recognize

Handwritten (holographic) wills

Yes

Written entirely in the testator's own handwriting and not executed and attested under EPTL 3-2.1, and made ONLY by (1) a member of the armed forces of the United States while in actual military or naval service during a war, declared or undeclared, or other armed conflict, (2) a person serving with or accompanying an armed force so engaged, or (3) a mariner while at sea.

The instrument is temporary: it becomes invalid one year after a service member's discharge, one year after a person serving with or accompanying an armed force ceases that service, or three years after a mariner at sea made it, with tolling while the testator lacks testamentary capacity. Anyone else's unwitnessed handwritten will is invalid in New York, though a written will validly executed and attested under the law of the place of execution or of the testator's domicile may be admissible under EPTL 3-5.1(c). (EPTL 3-2.2)

Oral wills

Narrowly

A nuncupative (unwritten) will is valid only for the same three classes: an armed-forces member in actual military or naval service during a war or other armed conflict, a person serving with or accompanying such a force, or a mariner at sea. Its making and its provisions must be clearly established by at least two witnesses. It expires one year after discharge or after ceasing to serve with the force, or three years after a mariner made it, with tolling for lost capacity.

For everyone else an oral will is invalid: EPTL 3-2.1 requires a written, attested instrument. (EPTL 3-2.2)

Electronic wills

New York enacted the New York electronic wills act (EPTL art. 3, part 6, §§ 3-6.1 through 3-6.9), but by its own terms it takes effect December 12, 2027, and the amended 3-2.1 text adding electronic wills to its exceptions carries the same effective date. Until that date an electronic will has no validity in New York, and a will must satisfy EPTL 3-2.1's paper formalities. (EPTL 3-2.1; EPTL 3-6.1 (effective 2027-12-12))

Remote witnessing: not recognized.

A Will Signed in Another State

A written will, signed by the testator, is formally valid in New York if executed and attested in accordance with the local law of (1) New York, (2) the jurisdiction where the will was executed at the time of execution, or (3) the jurisdiction where the testator was domiciled, either at the time of execution or at death. (EPTL 3-5.1(c))

Keep Going

The full New York will-requirements guide covers capacity, revocation, and what happens when formalities fail.
New York estate planning sets the will beside the other documents a complete plan needs.
A New York revocable living trust is the main alternative when avoiding probate is the goal.

Frequently Asked Questions

Can I make my will online in New York?

Does a New York will need to be notarized?

No. Notarization is not required for a valid New York will. The optional self-proving step under SCPA 1406 makes probate easier: Under SCPA 1406 the attesting witnesses swear an affidavit stating the facts they would be required to testify to in court; the Surrogate's Court accepts it as though the testimony had been taken before the court, unless a party entitled to process objects or the court requires the witness's examination.

How many witnesses does a New York will need?

2. The testator's signature must be affixed to the will in the presence of each attesting witness, or acknowledged by the testator to each of them to have been affixed by him or by his direction; the testator may sign in front of, or acknowledge to, each witness separately. The testator must also, at some time during the ceremony or ceremonies, declare to each attesting witness that the instrument is his or her will (publication). The two witnesses must both attest the signature within one thirty-day period and, at the testator's request, sign their names and affix their residence addresses at the end of the will; the statute does not require them to sign in the presence of the testator or of each other. (EPTL 3-2.1(a)(2)-(4))

Are handwritten (holographic) wills valid in New York?

Yes. Written entirely in the testator's own handwriting and not executed and attested under EPTL 3-2.1, and made ONLY by (1) a member of the armed forces of the United States while in actual military or naval service during a war, declared or undeclared, or other armed conflict, (2) a person serving with or accompanying an armed force so engaged, or (3) a mariner while at sea. The instrument is temporary: it becomes invalid one year after a service member's discharge, one year after a person serving with or accompanying an armed force ceases that service, or three years after a mariner at sea made it, with tolling while the testator lacks testamentary capacity. Anyone else's unwitnessed handwritten will is invalid in New York, though a written will validly executed and attested under the law of the place of execution or of the testator's domicile may be admissible under EPTL 3-5.1(c). (EPTL 3-2.2)

Are electronic wills legal in New York?

No. New York enacted the New York electronic wills act (EPTL art. 3, part 6, §§ 3-6.1 through 3-6.9), but by its own terms it takes effect December 12, 2027, and the amended 3-2.1 text adding electronic wills to its exceptions carries the same effective date. Until that date an electronic will has no validity in New York, and a will must satisfy EPTL 3-2.1's paper formalities. (EPTL 3-2.1; EPTL 3-6.1 (effective 2027-12-12))

Is a will made in another state valid in New York?

Generally yes, within the statute’s terms. A written will, signed by the testator, is formally valid in New York if executed and attested in accordance with the local law of (1) New York, (2) the jurisdiction where the will was executed at the time of execution, or (3) the jurisdiction where the testator was domiciled, either at the time of execution or at death. (EPTL 3-5.1(c))

SourcesOfficial references used for this page

Verified against N.Y. Est. Powers & Trusts Law (EPTL) art. 3 (Substantive Law of Wills); self-proof by affidavit at SCPA 1406; electronic wills (enacted, effective 2027-12-12) at EPTL art. 3, part 6 on August 16, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New York can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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