1. Identify the testator (the person creating the will):
The testator is the individual who has created the will, and this must be identified in order for it to be considered valid. This identification should include full name, address and date of birth. Additionally, two witnesses must sign the document stating they believe that it is the testator’s signature.
2. Name an executor to carry out your wishes, if desired:
The executor is the individual who will be responsible for carrying out the instructions outlined in the will after death. This person should be someone you trust and who is capable of managing your affairs as specified in your will.
3. List all of your property or assets:
In order for a will to be valid, it must include a comprehensive list of all of the testator's possessions and assets that they would like distributed after their death. This includes bank accounts, real estate, investments and personal items such as jewelry or artwork.
4. Specify how you want your property distributed after death:
Within the will, you should specify who will receive what assets and in what proportions. This is an important step that should be done clearly and carefully to avoid any confusion after death.
5. Name a guardian for any minor children, if applicable:
If you have minor children, it is important to name a legal guardian within your will. This person will be responsible for taking care of the children until they reach adulthood.
6. Specify how you want debts and taxes to be paid after death:
It is important to include provisions for paying debt or taxes owed when creating a Last Will and Testament in New York State. You can either list specific creditors that need to be paid from your estate, or designate a percentage of the estate’s value to be used for this purpose.
7. Sign in the presence of two witnesses and have them sign as well:
In order for a will to be valid in New York, it must be signed by two witnesses who were present at the time of signing and not related or married to the testator. The witnesses must also provide their signature along with their address and date of birth on the document.
8. Have your will notarized, if desired:
Notarizing a will is an optional step in New York State, but can provide additional protection against legal challenges after death. A notary public must witness both you and the two witnesses signing the document in order for it to be considered valid.
9. Make sure your will is properly stored and accessible:
It is important to store the original document in a safe place where it can easily be accessed by your family or executor after death. This could include a safe deposit box at the bank, an attorney’s office or other secure location.
10. Inform your family and friends of the will's existence and location:
After your will has been created, it is important to communicate to your family and friends that you have done so and where the document is stored. This will ensure that they are aware of your wishes after death and can easily locate the document if necessary.