Does a Will Need to Be Notarized in New York?

One of the most common questions people ask when making a will is whether it has to be notarized. In New York, the answer surprises most people, and getting it right can save your family a real headache later.

The short answer

No, New York does not require a will to be notarized to be valid. What New York does require is different. Under state law, a valid will must be:

• Signed by you (the testator) at the end of the document
• Signed in front of at least two witnesses
• Witnessed by those two people, who sign their names and addresses within a 30-day period
• Made by someone 18 or older and of sound mind

So it is witnesses, not a notary, that make a New York will valid.

But here is where a notary matters: the self-proving affidavit

While the will itself is not notarized, there is a document that goes with it that is, and it is strongly recommended: the self-proving affidavit. This is a sworn statement, signed by you and your witnesses in front of a notary, confirming that the will was properly signed and witnessed.

Why it matters: without a self-proving affidavit, after you pass away your witnesses may have to be located and brought to court to confirm they witnessed the will, which can be difficult or impossible years later. A notarized self-proving affidavit lets the court accept the will without hunting down the witnesses, making probate faster and smoother for your family.

How NotarEaseNYC helps

We help you get your last will and testament prepared and then notarize the self-proving affidavit so your will is court-ready. If you also want to plan beyond a will, see our Estate Planning Center for trusts, powers of attorney, and health care proxies.

Frequently asked questions

How many witnesses does a will need in New York?

At least two, and they must sign within a 30-day period.

Is a handwritten will valid in New York?

Generally no. New York does not accept handwritten, unwitnessed (holographic) wills except in narrow situations for members of the armed forces, and even those have limits. A properly witnessed will is the reliable route.

Can the self-proving affidavit be notarized online?

Notarization can often be done online, but the witnessing requirements for a will still apply. We can walk you through the correct process.

This article is for general informational purposes and is not legal advice. For questions specific to your estate, consult a licensed New York attorney.