Simple Will - New York

LAST WILL AND TESTAMENT

OF [FULL LEGAL NAME]

Effective Date: [DATE OF EXECUTION]
Domicile: [STREET ADDRESS, CITY, COUNTY, STATE OF NEW YORK, ZIP]

TABLE OF CONTENTS

1. Definitions
2. Revocation of Prior Instruments
3. Family Declaration
4. Appointment of Executor and Alternate Executor
5. Appointment of Guardian(s) of Minor Children (If Any)
6. Tangible Personal Property Memorandum
7. Specific Bequests
8. Residuary Estate Disposition
9. Executor Powers
10. Executor Indemnification & Liability Limitation
11. No-Contest (In Terrorem) Clause
12. Administrative & Tax Provisions
13. Governing Law; Probate Forum
14. Miscellaneous
15. Attestation Clause (Complying with N.Y. EPTL § 3-2.1)
16. Self-Proving Affidavit (Authorized by N.Y. SCPA § 1406; Optional but Recommended)

1. DEFINITIONS

For purposes of this Will, capitalized terms shall have the meanings set forth below:

“Child” or “Children” means my lineal descendants of the first generation, whether born to or adopted by me, and the issue of any deceased Child shall take per stirpes.

“Estate” means the totality of my probate property, real and personal, including any accretions, substitutions, and proceeds thereof.

“Executor” means the person or persons appointed in Section 4, together with any Successor Executor who may qualify.

“Residuary Estate” has the meaning assigned in Section 8.

“Tangible Personal Property Memorandum” means any separate, written statement disposing of household or personal effects, executed in conformity with Section 6.

Unless the context otherwise requires, the singular includes the plural and vice-versa, and the masculine, feminine, and neuter forms are interchangeable.

2. REVOCATION OF PRIOR INSTRUMENTS

I hereby revoke all prior Wills and Codicils made by me.

3. FAMILY DECLARATION

I am [MARITAL STATUS: e.g., married to [SPOUSE NAME] / unmarried].
I have the following Children:

1. [CHILD 1 NAME] – born [DOB]
2. [CHILD 2 NAME] – born [DOB]
   [Add lines as needed]

No other children have been born to me or legally adopted by me, and I have not knowingly omitted to mention any children.

4. APPOINTMENT OF EXECUTOR AND ALTERNATE EXECUTOR

4.1 Primary Executor. I hereby nominate and appoint [PRIMARY EXECUTOR NAME] of [ADDRESS] as Executor of this Will.

4.2 Alternate Executor. If the Primary Executor shall predecease me, resign, refuse to serve, or cease to act, I nominate [ALTERNATE EXECUTOR NAME] of [ADDRESS] as Successor Executor.

4.3 Bond. No Executor (including any Successor Executor) shall be required to furnish any bond or other security for the faithful performance of fiduciary duties unless required by the Surrogate’s Court for cause shown.

5. APPOINTMENT OF GUARDIAN(S) OF MINOR CHILDREN

If, at my death, any of my Children are under the age of eighteen (18) years, I nominate [PRIMARY GUARDIAN NAME] of [ADDRESS] as Guardian of the Person and Property of such minor Children.

6. TANGIBLE PERSONAL PROPERTY MEMORANDUM

6.1 Limited Effect Under New York Law. No New York statute authorizes a separate, informal memorandum disposing of tangible personal property to be given binding testamentary effect solely because this Will refers to it. Under New York's common-law doctrine of incorporation by reference, a separate writing may be given effect only if it is already in existence on the date this Will is executed and is identified in this Will with sufficient specificity to be ascertained beyond doubt. A memorandum prepared, signed, or revised after the date of this Will has no binding legal effect under New York law, regardless of any statement in this Will purporting to authorize future revisions.

6.2 Memorandum, If Any. [IF a tangible personal property memorandum exists as of the date of this Will: identify it here with specificity, e.g., "the memorandum dated [DATE], signed by me, attached as Exhibit A and in existence as of the date of this Will," which is incorporated herein by reference.] Any list, note, or writing not meeting the requirements of Section 6.1 shall have no independent legal effect, though the Executor may, in the Executor's sole and non-reviewable discretion, consider it as precatory guidance when distributing tangible personal property not otherwise specifically bequeathed under Section 7.

6.3 Conflicts. In case of conflict between any such memorandum and this Will, the provisions of this Will shall control.

7. SPECIFIC BEQUESTS

I give the following gifts, free and clear of all debts and expenses of administration:

(a) $[AMOUNT] to [BENEFICIARY NAME] of [ADDRESS];
(b) [DESCRIPTION OF SPECIFIC ITEM] to [BENEFICIARY NAME] of [ADDRESS];
[Add sub-sections as required.]

If any beneficiary named in this Section fails to survive me by thirty (30) days, the gift shall lapse and pass under Section 8 unless otherwise expressly provided.

8. RESIDUARY ESTATE DISPOSITION

I devise, bequeath, and give all the rest, residue, and remainder of my Estate, of every kind and wherever situated (“Residuary Estate”), to [RESIDUARY BENEFICIARY NAME] of [ADDRESS].

9. EXECUTOR POWERS

In addition to, and without limiting, the authority conferred by law (including but not limited to N.Y. Est. Powers & Trusts Law § 11-1.1 (McKinney)), my Executor shall have full power to:

(a) sell, lease, or exchange real or personal property at public or private sale;
(b) invest or reinvest Estate assets in any property deemed prudent;
(c) settle, compromise, or litigate claims for or against the Estate;
(d) allocate receipts and disbursements between income and principal;
(e) employ and compensate accountants, attorneys, and other advisors;
(f) act as a "fiduciary" with respect to my "digital assets" as those terms are defined in N.Y. Est. Powers & Trusts Law Article 13-A (§§ 13-A-1 through 13-A-5.2), and request disclosure of such digital assets from custodians in accordance with the priority scheme set forth therein (an online tool directive, if any, controls first; then this Will; then the custodian's terms-of-service agreement); and
(g) perform all acts necessary or advisable for the proper administration of my Estate.

10. EXECUTOR INDEMNIFICATION & LIABILITY LIMITATION

10.1 Indemnity. The Estate shall indemnify, defend, and hold harmless the Executor from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising out of the good-faith administration of the Estate in accordance with the standard of reasonable care, diligence, and prudence required by law (“Executor Indemnity”). Nothing in this Section exonerates, or is intended to exonerate, the Executor from liability for failure to exercise reasonable care, diligence, and prudence, gross negligence, willful misconduct, or bad faith; any purported exoneration of that kind is void as against public policy under N.Y. EPTL § 11-1.7.

10.2 Liability Cap. Subject to Section 10.1 and to N.Y. EPTL § 11-1.7, the Executor’s personal liability for good-faith acts performed with reasonable care, diligence, and prudence shall be limited to the assets of the Estate (“Estate Assets”); this cap does not limit liability for failure to exercise reasonable care, diligence, and prudence, gross negligence, willful misconduct, or bad faith.

11. NO-CONTEST (IN TERROREM) CLAUSE

(Governed by N.Y. EPTL § 3-3.5)

11.1 Forfeiture. If any beneficiary under this Will (individually or in concert with others) contests the probate of this Will or any of its provisions, this condition is operative despite the presence or absence of probable cause for the contest, and any share or interest in my Estate that would otherwise pass to such beneficiary shall lapse and shall be disposed of as though such beneficiary had predeceased me without descendants, except as provided in Section 11.2.

11.2 Statutory Safe Harbors. In accordance with N.Y. EPTL § 3-3.5(b), the following conduct, singly or in the aggregate, shall NOT result in forfeiture of any benefit under this Will:

(a) a contest to establish that this Will is a forgery or that it was revoked by a later will, provided the contest is based on probable cause;
(b) the affirmative opposition to probate of this Will by an infant or an incompetent;
(c) the assertion of an objection to the jurisdiction of the court in which this Will is offered for probate;
(d) the disclosure to any party or to the court of information relating to any document offered for probate as my last will, or otherwise relevant to the probate proceeding;
(e) a refusal or failure to join in a petition for probate of this Will, or to execute a consent to, or waiver of notice of, a probate proceeding;
(f) the preliminary examination, under N.Y. SCPA § 1404, of the proponent's witnesses, the person who prepared this Will, the nominated Executor, and the proponent, or any other person whose examination the court determines may provide substantially important or relevant information bearing on a decision to file objections; or
(g) the institution of, or joining or acquiescence in, a proceeding for the construction of this Will or any provision thereof.

12. ADMINISTRATIVE & TAX PROVISIONS

12.1 Taxes and Expenses. All estate, inheritance, and similar taxes payable by reason of my death (excluding any generation-skipping transfer tax attributable to property passing outside this Will) and all expenses of my last illness, funeral, and administration shall be paid from the Residuary Estate without apportionment, unless expressly directed otherwise.

12.2 Apportionment of Income. Unless otherwise required by applicable law or court order, income accrued during administration shall be allocated in accordance with EPTL Article 11.

13. GOVERNING LAW; PROBATE FORUM

13.1 Governing Law. This Will shall be construed, regulated, and administered in accordance with the laws of the State of New York (“State Probate Law”).

13.2 Probate Forum. Venue for probate and all related proceedings shall lie exclusively in the Surrogate’s Court of [COUNTY], State of New York (“State Probate Court”).

13.3 Arbitration. Arbitration of probate matters is not available or intended.

13.4 Jury Waiver. Proceedings in Surrogate’s Court are triable without a jury unless otherwise provided by statute.

14. MISCELLANEOUS

14.1 Severability. If any provision of this Will is determined to be invalid or unenforceable, such determination shall not affect the remaining provisions.

14.2 Headings. Section headings are for convenience only and shall not affect interpretation.

14.3 Counterparts; Electronic Signatures. This Will may be executed in counterparts, each of which shall be deemed an original. Signatures executed by electronic means are not permitted for will execution under current New York law; this Will must be signed on paper in accordance with N.Y. EPTL § 3-2.1. (Note: New York's Electronic Wills Act, enacted as Chapter 637 of the Laws of 2025 and subsequently amended by Chapter 89 of the Laws of 2026, will permit electronic wills executed in compliance with new N.Y. EPTL §§ 3-6.1 through 3-6.9, but that Act does not take effect until December 12, 2027, and has no effect on this Will's execution before that date.)

15. ATTESTATION CLAUSE

(Complying with N.Y. EPTL § 3-2.1)

On the date written below, [FULL LEGAL NAME], residing at the address hereinabove stated, declared this instrument to be his/her Last Will and Testament, and requested us, the undersigned, to act as attesting witnesses thereto. We, in the presence of the Testator and of each other, and at the Testator’s request, have hereunto subscribed our names as witnesses.

Executed at [CITY], New York, on [DATE].

___________________________________
[FULL LEGAL NAME], Testator

WITNESSES

1. ___________________________________
   Name: [WITNESS 1 NAME]
   Address: [WITNESS 1 ADDRESS]
   Date: [DATE]

2. ___________________________________
   Name: [WITNESS 2 NAME]
   Address: [WITNESS 2 ADDRESS]
   Date: [DATE]

16. SELF-PROVING AFFIDAVIT

(Authorized by N.Y. SCPA § 1406; recommended to streamline probate; attach after witness signatures)

STATE OF NEW YORK, COUNTY OF [COUNTY], ss.:

We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, do hereby declare to the undersigned authority that the Testator executed the foregoing instrument as the Testator’s Will; that the Testator signed (or acknowledged signing) the Will in our presence; that we, in the Testator’s presence and at the Testator’s request, signed the Will as witnesses; that at the time of such execution the Testator was over eighteen (18) years of age, of sound mind and memory, and not under any constraint or undue influence; and that each witness is over the age of eighteen (18) years.

___________________________________
[TESTATOR NAME]

___________________________________
[WITNESS 1 NAME]

___________________________________
[WITNESS 2 NAME]

Subscribed, sworn to, and acknowledged before me on this ___ day of __________, 20___.

___________________________________
Notary Public, State of New York
Commission No.: __________
My Commission Expires: __________