New York, NY asked in Estate Planning for New York

Q: How many witnesses to sign a will in ny

Related Topics:
1 Lawyer Answer
James K. Riley
James K. Riley
  • Estate Planning Lawyer
  • Pearl River, NY
  • Licensed in New York

A: In New York, for a will to be accepted as valid or proven ("probated")by the Surrogates Court,there have to be at least two witnesses who are not beneficiaries. Some attorneys use 3 witnesses just to be sure. It is always best practice--I would say essential--to have an attorney prepare the will and be present to supervise the signing(execution, delivery, publication) of the will. A lawyer can also prepare a separate self-proving affidavit to be signed at the same time as the will; a self-proving can make probate or acceptance of the will much simpler and easier by the Court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.