Attorney Ronald S. Cook literally wrote the book on this subject — A Straightforward Guide to Drafting Your Will Today, available on Amazon. The firm drafts wills tailored to each client’s family situation, asset structure, and goals, along with the supporting documents that complete a sound estate plan: powers of attorney, health care proxies, and living wills.

View Attorney Cook’s published books on Amazon.

What a Will Actually Does

A last will and testament is the foundation of an estate plan. In New York, a valid will lets you control decisions that the State would otherwise make for you:

Names who inherits your property. You decide which people, charities, or organizations receive your assets, and in what proportions — rather than leaving distribution to New York’s default intestacy statute.

Appoints the executor of your estate. You choose the person or institution who will collect your assets, pay your debts and taxes, and distribute what remains. Without a will, the Surrogate’s Court appoints an administrator under a fixed statutory priority order, who may not be the person you would have chosen.

Names guardians for minor children. For parents of children under 18, this is often the single most important reason to have a will. You nominate who will raise your children if you and the other parent are unavailable. Without a will, a judge decides — without your input.

Directs the fate of a family business. If you own a business, a will can direct whether it continues, passes to specific heirs, or is sold, helping avoid disputes among surviving family members.

Can establish trusts at death. A will can create testamentary trusts — for minor children, for a family member with special needs, or for beneficiaries who should not receive a lump sum outright.

What Happens If You Die Without a Will in New York

If you die without a valid will — called dying “intestate” — New York’s intestacy statute (EPTL § 4-1.1) controls who receives your property. The State’s formula may not match what you would have wanted:

Intestacy can produce results most people would never choose. A surviving spouse may have to share the estate with adult children from whom assets were never intended to be split. An unmarried partner of many years receives nothing. A blended family can fracture over a distribution no one wanted. A will prevents these outcomes by stating your wishes clearly and in a form New York courts will enforce.

What Makes a Will Valid in New York

New York imposes specific execution requirements under EPTL § 3-2.1. A will that fails to meet them can be denied probate — meaning the document you signed may not be honored at all. A valid New York will generally requires:

A testator who is 18 or older and of sound mind. The person making the will must have the legal capacity to understand the nature of the act, the property involved, and the people who would naturally inherit.

A writing signed at the end by the testator. The will must be in writing and signed at its end. Anything added after the signature may be disregarded.

Two attesting witnesses. The testator must sign (or acknowledge the signature) in front of at least two witnesses, and must declare the document to be a will. The witnesses must sign within thirty days of one another.

Proper formalities throughout. Small errors in execution — missing witnesses, improper signing order, ambiguous language — are among the most common reasons a will is challenged or rejected. This is precisely why do-it-yourself and form wills so often fail. An attorney-supervised execution protects the validity of the document.

The firm also prepares a self-proving affidavit alongside the will. This sworn statement by the witnesses, executed at the same time as the will, streamlines the later probate process in Surrogate’s Court by eliminating the need to locate witnesses years later.

The Firm’s Will Drafting Services

The firm drafts wills tailored to each client’s circumstances, from straightforward wills to plans involving tax planning and trusts. Depending on your situation, a will and its related planning may address:

Specific bequests and the residuary estate. Particular gifts of property, money, or items to named beneficiaries, with a clear residuary clause governing everything not specifically given.

Executor and successor executor designations. Naming your primary choice plus backups, so the estate has leadership even if your first choice cannot serve.

Guardian nominations for minor children. Naming guardians of the person and, where appropriate, guardians of the property for assets passing to minors.

Testamentary trusts. Trusts created within the will — for minors, for a beneficiary with special needs whose government benefits must be protected, or for beneficiaries who should receive assets over time rather than all at once.

Tax-aware planning. For larger estates, coordination with the New York estate tax and federal estate tax, including credit shelter and marital trust strategies where appropriate. Attorney Cook’s LL.M. in Taxation informs this analysis.

Charitable gifts. Provisions directing gifts to the charities and causes that matter to you.

The Documents That Complete Your Plan

A will governs what happens after death. It does nothing while you are alive but incapacitated. A complete estate plan pairs your will with documents that operate during your lifetime:

Power of attorney. Authorizes someone you trust to manage your financial and legal affairs if you become unable to do so. Without one, your family may need a costly guardianship proceeding.

Health care proxy. Names the person who will make medical decisions for you if you cannot communicate your own wishes.

Living will. States your wishes regarding life-sustaining treatment, so your health care agent and physicians understand your preferences.

For clients with larger or more complex estates, a revocable living trust may be appropriate to avoid probate, plan for incapacity, and keep estate details private. The firm can advise whether a will alone is sufficient or whether a trust-based plan better fits your goals. Learn more about asset protection planning and the firm’s full range of estate planning services.

What Estate Planning Clients Say

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Begin Drafting Your Will Today

The future is uncertain; the handling of your estate does not have to be. The firm makes the process clear and straightforward, and explains each decision in plain language so you understand exactly what you are signing and why.

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Last reviewed by Attorney Ronald S. Cook — May 2026

This page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Client reviews reflect individual experiences and do not guarantee a similar outcome. Prior results do not guarantee future results. Estate planning needs vary by individual circumstances; consult an attorney about your specific situation.