Thinking about your legacy? Creating a will in New York might seem daunting, but it’s not! Nowadays, you can get your will generated online; you will just be required to print it out and sign it. However, a recent Senate bill was just passed as of July 2025, authorizing the use of electronic wills. This allowance doesn’t go into effect for a while, but it’s great news for New Yorkers looking to get their will done online. In the meantime, before the New York Electronic Wills Act is truly in effect, you can still get a valid will in New York by following a few simple steps to ensure your wishes are fulfilled. So, let’s break down the essentials of wills in New York: from online wills in NY to the witness count requirement, we’ll cover everything you need to know to make a legally sound will in the Empire State. 

Requirements of a will in New York 

Let’s start with what is required of a valid will in the state of New York. It’s fairly simple. Here’s what you need to know: 

• The will must be in writing and signed by two witnesses and the person whose will it is
• The person making the will must 
  • be 18+ years old
  • be of sound mind 
  • sign the will at the end of the document
  • declare to the witnesses that the document is their will
• The will must also be attested to and signed by two witnesses
• The two witnesses must watch the person actually sign the will 
• The witnesses must include their names, signatures, and addresses on the will
• See N.Y. EPTL 3-2.1 for the fine print on will requirements in New York

In New York, there are also certain legal carve-outs that allow for nuncupative (oral wills) and holograph wills (handwritten wills) in very specific situations, such as for members of the armed forces. (N.Y. EPTL 3-2.2). 

Are online wills in New York acceptable? 

Yes, but not for another year or so. The recent Senate bill authorizing digital wills in New York was passed in July 2025, but it has not officially gone into effect yet. In the meantime, you can still create a will online through estate planning software services or by typing it yourself; however, you will still be required to print it out and physically sign the document. This is because N.Y. EPTL 3-2.1 (the statute governing wills in New York) currently requires wills to be “in writing,” which effectively means on a printed piece of paper and not a digital copy. 

How to get an online will in New York in 2025

Now that you understand that, yes, you can generate an online will through an estate planning service online, you will still need to print it out and sign it. However, with that knowledge in mind, here are the steps to getting an online will in the Empire State: 

1. Select an online estate planning platform: There are tons of companies doing online wills nowadays. Look for a company with good reviews. 
2. Follow the prompts through the platform: Your chosen estate planning platform will have a set of questions for you to answer about your assets, wishes, beneficiaries, and more. Make sure you answer all of these questions, as this will dictate the output of your will.
3. Read your will: Once the platform “spits out” a version of your will based on your answered questions, make sure to carefully read through the document to make sure it reflects your wishes.  
4. PRINT THE WILL: This step is critical. New York law requires a physical, in writing, signed copy of a will to be valid. 
5. Locate your witnesses: Determine who will be your two witnesses. There should be two adults of sound mind who are not beneficiaries of your will. 
6. Sign the will in front of your witnesses: Make sure your witnesses literally watch (or “attest”) you signing the will.
7. Declare out loud that the document is your will: During the signing “ceremony” as New York law calls it, make sure you declare that the document they are signing is, in fact, your will. 
8. Get it notarized, if you want: Notarizing a will is not required in New York state, though it can be an extra, added layer of protection. 
9. Keep several copies safe: Store a few copies somewhere, like a safe. You may also want to upload them digitally and provide a copy to your beneficiaries. 
10. Update and review regularly: Remember, your will is a legally binding document. It will stand even if you mentally change your mind. So, make sure to review it regularly and formally update it if you want to make changes. 

By following the above steps, you are well on your way to creating a valid “online” will in New York.

What the new 2025 Senate bill says about online wills in New York 

New York just passed a law stating that online wills (i.e., e-wills or digital wills) are permitted in the state. Although this bill just passed the Senate, until it is officially signed by the Governor and enacted, it’s not technically law yet. However, once this bill is signed, it’s official. The bill says that an electronic will can be recognized by the state of New York as long as:

• It is readable and signed by the Testator
• Witnessed by two people in any US state
• The witnesses have signed within 30 days of seeing the Testator sign the will
• There is a caution notice informing the Testator of the legal significance of the will and their right to revoke it, and
• The electronic will must be filed within 30 days of signing with the NY court system. Failure to do so makes it invalid.

As long as those requirements are met, the digital will can be enforced. The will can be made “self-proving” (meaning no further evidence is needed for probate) if the Testator and witnesses swear affidavits before a notary, either physically or electronically.

Who can witness a will in New York? 

By law, you are required to have two witnesses. For a digital will, according to the new Senate bill passed in 2025, the two witnesses must be domiciled in the U.S. Ideally, they should also not be the direct beneficiaries of your will, though that alone won’t get your will thrown out. However, it can cause problems down the road. So, your best bet is to find two disinterested witnesses (i.e., people who are not benefiting from your will). In addition, the two witnesses should be adults of sound mind. The witnesses should also attach their names, signatures, and addresses to the end of the document. (See N.Y. EPTL 3-2.1). 

Do you need a lawyer for a valid will in New York? 

Nope! The requirements for a New York will are laid out in N.Y. EPTL 3-2.1, and nothing specifies that an attorney must draft and advise testators to a will. I mean, it makes sense, right? People need to have control over their assets in any scenario and shouldn’t be bound to the expensive requirement of hiring legal counsel. However, hiring a lawyer does have benefits, like ensuring your will is enforceable and that it meets your wishes. Plus, they can advise you on best practices and what most people do in your situation. 

Is notarization required for a New York will? 

Nope! Notarization is not a requirement for a will in the Empire State. As we said above, N.Y. EPTL 3-2.1 dictates the legal requirements for a valid will in New York, and there is no requirement to notarize. However, you are required to sign the will in front of two witnesses. It can also be beneficial to get your will notarized anyway, as an added layer of protection, so no one can say you didn’t sign the document. After all, you won’t be able to argue for yourself at that point. 

The bottom line on online wills in New York

The bottom line is this: You can generate a will online in New York, but you still have to print it out and physically sign the document. This means your will cannot be digital-only like some states are allowing (this is called an “e-will). The requirements for a New York will are simple: get two witnesses, have them watch you sign the document, have them sign and attach their addresses, and make sure they know that it is your will they are signing. Oh, and all parties must be competent adults of sound mind. Easy peasy!

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Nicole Sheehey

Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com

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