Do you have to register a will in NY?
Asked by: Brooke O'Connell | Last update: September 15, 2025Score: 4.9/5 (45 votes)
There is no legal requirement to register your will during your lifetime. The problem with online estate planning is that you do not have the chance to discuss your overall estate plan with an attorney who can advise you.
Does a will need to be recorded in New York?
Before the written instructions in your will can be carried out, your last will and testament will have to be filed with the local probate court. Once your will and related documents are filed, they become public court records—meaning anyone can go down to the local probate court and ask to see them.
What happens if a will is not filed in NY?
If the Decedent died without a Will, then an administration proceeding should be filed. If the Decedent had less than $50,000 of personal property with a Will or without a Will, then a small estate, also called a Voluntary Administration proceeding, can be filed instead.
What makes a will valid in New York state?
The will must be in writing and signed by you, the “testator,” at the end of the will. You must sign your will in the presence of at least two witnesses, who do not receive anything under your will. At the time you are signing your will you are to state to the witnesses that you are signing your will.
How do I register a will in New York?
In New York, there is no official place to register Wills. If a testator wants, they can file the Will with the Surrogate's Court of the County where they reside for safekeeping. The testator can also keep the Will among their possessions, preferable in a fire proof vault.
How to Make a Will in New York - Easy Instructions
What makes a will invalid in New York?
There are several legal grounds on which a will can be challenged, including lack of testamentary capacity, undue influence, fraud, mistake, and revocation.
How do you register a will after death?
The will is filed with the probate court by whomever is in possession of it, usually the executor or a beneficiary (in some states only a beneficiary or heir can file the will, but the executor can force them to do so) and it can be filed at any time after the death of the testator, as long as this is within the time ...
Do all wills have to be probated in NY?
Only an estate valued over $50,000 must be probated when there is a will. The court has a “small estate proceeding” when the estate is below $50,000.
Are wills public record in NY?
Wills are a confidential document until the person dies. Once the Will is admitted to probate or a small estate, it becomes a public document that anyone can see and read. The New York State Archives holds a limited number of post-1789 probate records.
Do wills expire in NY?
In New York, wills do not expire. Once a will is properly executed in accordance with state laws, it remains valid until it is either revoked or superseded by a new will.
Who keeps the original copy of a will?
So, who keeps the original copy of a will? Typically, the original copy is at the deceased person's property, with their executor, or at their attorney's law firm.
Does a spouse automatically inherit everything in NYS?
New York law forbids residents from completely disinheriting a surviving spouse. If a person is legally married at the time of their death, their spouse will automatically inherit a percentage of their assets—even if the spouse has been intentionally excluded from the deceased person's will or trust.
Do you need a lawyer for a will in New York?
No. You can make your own will in New York, using Nolo's Quicken WillMaker. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney.
How long do you have to file a will in NY?
There is no specific deadline set by the law for filing probate after a person's death. However, it is highly recommended to commence the probate process promptly, as it may require several months to a year to reach completion.
When you make a will, is it registered anywhere?
Some states allow you to register your will through the secretary of state or your local probate court. Some permit you to register the will itself—leaving the original with the court—but others only allow you to register information bout your will—most importantly, its location.
How long do you have to transfer property after death?
Timelines for transferring property after the owner's death vary by state and can range from a few months to over a year.
How do I find out if someone has a will in NY?
Since 1787, wills and other papers relating to the estates of deceased persons have been filed in and retained by the Surrogate's Court in each county of the state. To obtain information regarding an individual's estate, contact the Surrogate's Court in the county where the individual resided.
Who is entitled to a copy of a will in NY?
Before you can request a copy of the Will in New York, you need to determine if you are eligible to do so. Only certain individuals have the legal right to obtain a copy of the Will. These typically include: Beneficiaries: If you are named as a beneficiary in the will, you have the right to obtain a copy.
How long are wills kept on file?
Who should keep the original will? California law doesn't specify an exact timeline, meaning attorneys could be expected to keep the documents indefinitely.
Can a will avoid probate in NY?
However, having a Will in New York does not negate the need for probate. Many people ask me during our consultations: “Do I Need to Probate If I Have a Will in New York?” The answer is Yes, you need to probate if you have a Will in New York. In fact, probating is the way that you actually give your Will legal effect.
How much does an estate have to be worth to go to probate in NY?
In New York, only estates valued higher than $50,000 need to pass through formal, full probate.
Can an executor of a will also be a beneficiary in New York?
Can an executor of a will be a beneficiary as well? Yes. In fact, this is quite common. If the family does not want to involve outside help, like a lawyer or accountant, a surviving family member will often be named as the executor.
What not to do when someone dies?
- Not Obtaining Multiple Copies of the Death Certificate.
- 2- Delaying Notification of Death.
- 3- Not Knowing About a Preplan for Funeral Expenses.
- 4- Not Understanding the Crucial Role a Funeral Director Plays.
- 5- Letting Others Pressure You Into Bad Decisions.
Why shouldn't you always tell your bank when someone dies?
If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.
Is it illegal to keep utilities in a deceased person's name?
Yes, that is fraud. Someone should file a probate case on the deceased person.