A will is a legal document directing how your property passes at death and naming an executor to carry out your wishes. In New York, a will is valid only if it meets EPTL 3-2.1: signed at the end by the testator and witnessed by two people within a 30-day window. A will controls assets that pass through your estate — but not jointly owned property or accounts with named beneficiaries. For a Brooklyn resident, the will is later proved in the Kings County Surrogate’s Court.
What a will does
A will lets you name who inherits your property, appoint an executor to settle the estate, name guardians for minor children, and create testamentary trusts. Without one, New York’s intestacy law decides everything for you.
New York execution requirements (EPTL 3-2.1)
For a typed will to be valid in New York:
- The testator must be at least 18 and of sound mind.
- The testator must sign at the end of the will.
- The signing must be witnessed by two witnesses.
- All formalities must be completed within 30 days of each other.
- The testator must declare to the witnesses that the document is their will.
A defect in any of these is the most common ground a will is later challenged in a will contest.
What a will does NOT control
A will only governs probate assets. These pass outside the will regardless of what it says:
- Jointly owned property with right of survivorship (passes to the surviving owner).
- Beneficiary-designation assets — life insurance, IRAs, 401(k)s, payable-on-death accounts.
- Assets held in a trust (governed by the trust, not the will). See trusts.
This is why a Brooklyn couple who own their Bay Ridge home jointly may find the home never touches the will at all — it passes automatically to the survivor.
What happens if you die without a will in New York (EPTL 4-1.1)
Dying intestate means New York’s distribution statute, EPTL 4-1.1, controls:
| Survived by | Who inherits |
|---|---|
| Spouse, no children | Spouse takes everything |
| Spouse and children | Spouse takes $50,000 + half the rest; children split the remainder |
| Children, no spouse | Children split everything equally |
| Parents, no spouse or children | Parents take everything |
| Siblings only | Siblings split everything equally |
| No close family | More distant relatives per the statute; if none, to New York State |
In Brooklyn, intestacy frequently triggers a kinship proceeding when heirs are abroad or unknown — a real cost of dying without a will here.
Holographic and nuncupative wills (EPTL 3-2.2)
New York generally does not honor handwritten (holographic) or oral (nuncupative) wills. Under EPTL 3-2.2, these are valid only for narrow groups — members of the armed forces in active service and mariners at sea — and even then they expire after a set period. For nearly every Brooklyn resident, an unwitnessed handwritten note is not a valid will.
The self-proving affidavit
A self-proving affidavit is a sworn statement signed by the witnesses at the time the will is executed, before a notary. It lets the Kings County Surrogate’s Court admit the will without locating and questioning the witnesses years later — a meaningful time-saver, especially when witnesses have moved or died.
Updating or revoking a will
You can change a will with a codicil (a witnessed amendment) or revoke it under EPTL 3-4.1 by executing a new will or physically destroying the old one with intent to revoke. Tearing up the original is effective; crossing out lines is risky and often litigated. Major life events — marriage, divorce, a new child, buying a brownstone — are the moments to revisit your will.
How a Brooklyn will is probated
After death, the named executor files the original will with the Kings County Surrogate’s Court at 2 Johnson Street, names all distributees, and obtains Letters Testamentary. Walk through the full sequence on the Brooklyn probate process page.
Frequently asked questions
Does a New York will need to be notarized? The will itself does not require notarization to be valid, but the self-proving affidavit does — and it is strongly recommended.
Is a handwritten will valid in New York? Generally no. Under EPTL 3-2.2, holographic wills are valid only for active-duty military and mariners at sea.
What happens to my Brooklyn home if I die without a will? It passes under EPTL 4-1.1 by family relationship, and the estate must go through administration in Kings County — often with a kinship proceeding if heirs are unclear.
To create or update a New York will, book a consultation with Russel Morgan.