- HOME / WILLS
Wills
Bilingual estate planning for Orange County and the Hudson Valley.
A will is the most fundamental document in any estate plan, and the most commonly delayed. Without a valid will, your assets pass under New York’s intestacy laws, your chosen guardians for minor children have no legal standing, and your family faces the Surrogate’s Court process without your guidance.
Rosado Law Group has drafted wills for Orange County families and property owners for over 30 years. We draft clear, enforceable wills that meet every requirement under New York’s Estates, Powers and Trusts Law, hold up in Orange County Surrogate’s Court, and reflect your exact intentions. We are bilingual in English and Spanish.
Call (845) 669-6864 to speak with a wills attorney in Orange County today.
What is a Will?
A will, or last will and testament, is a legal document that outlines how a person’s property should be distributed after their death. In New York, the laws governing wills are outlined in the New York Consolidated Laws, Estates, Powers and Trusts Law (NY EPT Law).
How to make a valid will in
New York: 7 requirements
To make a valid will in New York, there are seven requirements:
- The testator must be at least 18 years old and of sound mind.
- The will must be signed by the testator, or by someone at the testator’s direction and in their presence. If someone signs on behalf of the testator, they must also sign as a proxy and include their address.
- The testator’s signature must be at the end of the will. Any additions made after the signature will not be legally valid.
- The testator must sign the will or acknowledge their earlier signature in the presence of each witness.
- The testator must “publish” the will, meaning they must communicate to the witnesses that it is their last will and testament.
- The will must be signed by at least two attesting witnesses.
- The execution ceremony must be completed within a
It is important to note that the requirements for a valid will may vary depending on the specific circumstances and jurisdiction. Consult with the attorneys of Rosado Law Group to ensure compliance with all legal requirements and to create a valid and enforceable last will and testament.
A Self-Proving Affidavit
The use of a self-proving affidavit can streamline the probate process by eliminating the need for witnesses to testify about the validity of the will. Instead, the affidavit serves as evidence that the will was properly executed, and the court can usually accept it without further proof.
To create a self-proving affidavit, the testator and witnesses must all sign the affidavit in the presence of a notary public or other authorized official. The affidavit should state that the will was executed in accordance with New York law, including the requirement for two witnesses over the age of 18. The affidavit should also include a statement that the witnesses believe the testator was of sound mind and under no undue influence at the time of signing.
It is important to note that even with a self-proving affidavit, there may still be situations where witnesses may be required to testify or provide additional evidence. Your attorneys at Rosado Law Group will ensure that your will is properly executed and any necessary documentation, such as a self-proving affidavit, is included.
Will interpretation – What happens if there is a confusing or ambiguous phrase in the will?
If there is a confusing or ambiguous phrase in a will, New York law allows for interpretation of the intent by looking at the document’s “plain meaning.” However, if the plain meaning is unclear due to conflicting meanings or confusion, extrinsic evidence may be allowed to determine the meaning. Extrinsic evidence can include details of the facts and circumstances surrounding the creation of the will, as well as any evidence provided by third parties.
If the extrinsic evidence still does not resolve the ambiguity, that specific portion of the will may fail because there is no clear beneficiary or clear meaning of the document.
To create a self-proving affidavit, the testator and witnesses must all sign the affidavit in the presence of a notary public or other authorized official. The affidavit should state that the will was executed in accordance with New York law, including the requirement for two witnesses over the age of 18. The affidavit should also include a statement that the witnesses believe the testator was of sound mind and under no undue influence at the time of signing.
It is important to note that even with a self-proving affidavit, there may still be situations where witnesses may be required to testify or provide additional evidence. Your attorneys at Rosado Law Group will ensure that your will is properly executed and any necessary documentation, such as a self-proving affidavit, is included.
Changes to a will
In terms of making changes to a will, there are two methods allowed under New York law. The testator can either write a new will that revokes the previous will, or they can make a codicil, which is an amendment to the original will that only changes certain parts of it. A codicil acts as a supplement to the original will and must identify the will it is amending and clearly state the changes or additions being made. It is recommended that an attorney prepare this document to ensure that the codicil is drafted correctly and complies with all legal requirements.
If the extrinsic evidence still does not resolve the ambiguity, that specific portion of the will may fail because there is no clear beneficiary or clear meaning of the document.
To create a self-proving affidavit, the testator and witnesses must all sign the affidavit in the presence of a notary public or other authorized official. The affidavit should state that the will was executed in accordance with New York law, including the requirement for two witnesses over the age of 18. The affidavit should also include a statement that the witnesses believe the testator was of sound mind and under no undue influence at the time of signing.
It is important to note that even with a self-proving affidavit, there may still be situations where witnesses may be required to testify or provide additional evidence. Your attorneys at Rosado Law Group will ensure that your will is properly executed and any necessary documentation, such as a self-proving affidavit, is included.
Revocation
In New York, a will can be revoked by the testator through physical destruction or by creating a new will that explicitly revokes the previous one.
If the testator decides to physically destroy the will, it must be done with the intent of revoking it. This can include burning, tearing, cutting, or otherwise mutilating the document.
Creating a new will that explicitly revokes the previous one is another way to revoke a will. The new will should contain a statement or clause that expresses the intention to revoke all prior wills and codicils. This ensures that the previous will is no longer valid.
It is important to note that any changes or revocations to a will should be made in accordance with the legal requirements of New York to ensure their validity and prevent potential disputes or confusion in the future.
If the extrinsic evidence still does not resolve the ambiguity, that specific portion of the will may fail because there is no clear beneficiary or clear meaning of the document.
To create a self-proving affidavit, the testator and witnesses must all sign the affidavit in the presence of a notary public or other authorized official. The affidavit should state that the will was executed in accordance with New York law, including the requirement for two witnesses over the age of 18. The affidavit should also include a statement that the witnesses believe the testator was of sound mind and under no undue influence at the time of signing.
It is important to note that even with a self-proving affidavit, there may still be situations where witnesses may be required to testify or provide additional evidence. Your attorneys at Rosado Law Group will ensure that your will is properly executed and any necessary documentation, such as a self-proving affidavit, is included.
Revocation by Marriage
Under New York law, getting married will automatically revoke a will, unless the will specifically states that it was made in contemplation of marriage. If you get married and have a will, it is important to review and update it to reflect any changes in your circumstances.
Revocation by Divorce
Divorce or annulment of a marriage will have certain effects on a will. In New York, if you get divorced, any provisions in your will that favor your former spouse will be revoked. However, the rest of the will remains valid. It is still recommended to review and update your will after a divorce to ensure that your wishes are properly reflected.
It is important to keep in mind that this is a general overview of some aspects of New York wills and may not cover all the specific requirements or details. Consulting with your attorneys at Rosado Law Group will ensure compliance with all legal requirements in creating a valid and enforceable last will and testament.
NOT HAVING A WILL IN PLACE INCREASES THE POSSIBILITY OF YOUR PROPERTY BENEFITTING DISTANT FAMILY MEMBERS WITH WHOM YOU HAD NO CLOSE RELATIONSHIP OR BEING CLAIMED BY THE STATE INSTEAD OF BEING DIRECTED TOWARD LOVED ONES AND CHARITABLE CAUSES. DON’T LEAVE YOUR LOVED ONES GUESSING OR LET YOUR PROPERTY FALL INTO THE HANDS OF AN UNKNOWN…
CALL US TODAY TO PROTECT YOUR LEGACY AT (845) 669-6864!
Frequently Asked Questions — Real Estate Law in New York
What are the requirements for a valid will in New York? In New York, a valid will requires the testator to be at least 18 and of sound mind, sign the will at the end, publish it by declaring it to the witnesses, and have it signed by at least two attesting witnesses, all in a single continuous ceremony governed by the EPTL. An attorney should supervise the execution to ensure every requirement is met.
What happens if I die without a will in New York? Dying without a will means dying intestate. Your estate is distributed under EPTL § 4-1.1, your spouse receives the first $50,000 plus half the remaining estate, and your children divide the rest. Your wishes are irrelevant, the statute controls. Property intended for friends, charitable causes, or specific family members may pass to distant relatives or the State of New York.
Can I change my will after I sign it? Yes. In New York you can change a will by executing a codicil or by revoking the existing will entirely and drafting a new one. Both methods must meet the same execution requirements as the original will. You cannot cross out provisions or write changes in the margins, those alterations are not legally valid. An attorney should prepare any changes.
Does getting married or divorced affect my will? Yes, significantly. In New York, marriage automatically revokes a prior will unless the will states it was made in contemplation of marriage. Divorce revokes provisions benefiting your former spouse but leaves the rest of the will intact. Review and update your will immediately after any marriage, divorce, or major life change.
What is a self-proving affidavit and do I need one? A self-proving affidavit is a notarized document signed by the testator and witnesses confirming the will was properly executed. It eliminates the need for witnesses to appear in Surrogate’s Court during probate, saving your family time and court appearances. Rosado Law Group includes self-proving affidavits with every will we draft.
How much does a will cost in Orange County, NY? The cost depends on the complexity of your estate, the number of beneficiaries, and whether coordinating documents such as a power of attorney or healthcare proxy are included. A straightforward will is affordable and far less expensive than the cost of dying intestate or having a contested will in Surrogate’s Court. Rosado Law Group provides clear, upfront pricing. Call (845) 669-6864.
PRACTICE AREAS
Residential Real Estate
Business LAW
WILLS
TRUSTS
ESTATE PLANNING
COMMERCIAL REAL ESTATE
Foreclosure defense
INVESTOR Service
LAND USE & ZONING
“My company worked with Gisele Rosado on two real estate transactions. Outstanding turnaround. Very knowledgeable and helped overcome hurdles with ease. We will definitely continue working with them.”
– Richard G.
Why Choose Rosado Law Group?
- FULL-SERVICE FIRM
We provide comprehensive legal counsel in real estate, business law, and estate planning — all under one roof.
- INVESTOR-FRIENDLY APPROACH
We understand real estate investing strategies, creative financing, entity structuring, and risk mitigation — not just traditional closings.
- STRATEGIC & PROACTIVE
We anticipate issues before they become costly problems, ensuring smoother transactions and long-term protection.
- EXPERIENCE & LOCAL INSIGHT
With over 30 years of service in the Hudson Valley, we understand New York law and the local landscape that impacts your business and property decisions.
