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Wills and Advance Directives
A will is the foundation of every estate plan. It names who receives your assets, who serves as executor of your estate, and who cares for your minor children if you pass before they reach adulthood. Without a valid will, New York’s intestacy laws determine how your estate is distributed, which may not reflect your wishes and can create conflict among family members at an already difficult time.
Parandian Law drafts wills, healthcare proxies, living wills, and advance directives for New York individuals and families. We treat these documents as a connected set rather than isolated forms. Your will, healthcare proxy, and living will work together to ensure your wishes are followed both during incapacity and after death.
New York has specific execution requirements for wills, including witness and signature requirements that must be followed precisely for the document to be valid. We handle execution at our White Plains office and explain every provision before you sign so there are no surprises.
Will Attorney New York · Last Will and Testament · Healthcare Proxy · Living Will · Advance Directive · Estate Planning White Plains · Westchester Estate Attorney · New York Will Drafting
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New York wills and advance directives framework
Wills and advance directives — the essentials
A last will and testament in New York must be signed by the testator in the presence of at least two witnesses, who must also sign the will in the testator’s presence. A will that does not meet these requirements is invalid under New York EPTL Section 3-2.1. New York does not recognize holographic wills, meaning handwritten wills without witnesses are not valid. A self-proving affidavit, while not required, simplifies the probate process by eliminating the need to locate witnesses after the testator’s death. We prepare and execute wills in compliance with all New York requirements.
A healthcare proxy designates a person to make medical decisions on your behalf if you become unable to make them yourself. A living will, sometimes called an advance directive, sets out your wishes regarding life-sustaining treatment and end-of-life care. These documents are distinct from a power of attorney, which covers financial rather than medical decisions. Every adult in New York should have all three documents in place regardless of age or estate size. Without a healthcare proxy, your family may need to go to court to obtain guardianship to make medical decisions on your behalf.
Key FACTS
Will execution requirement:
Two witnesses present at signing
Holographic wills:
Not valid in New York
New York EPTL Article 4
Minor children guardian:
Named in will only
Healthcare proxy:
Covers medical decisions only
Living will:
Sets end-of-life treatment preferences
Power of attorney:
Separate document for financial matters
Probate required:
Yes for assets passing under a will
What we handle
Wills and advance directive services
Will drafting and advance directive preparation for New York individuals and families at every stage of life.
Last will and testament
Drafting of last wills and testaments for New York individuals and families, including specific bequests, residuary distributions, executor designation, and guardian nominations for minor children. We prepare self-proving affidavits and coordinate execution at our White Plains office in compliance with New York EPTL Section 3-2.1.
Healthcare proxy
Drafting of healthcare proxy designations naming a trusted person to make medical decisions on your behalf if you become incapacitated. We explain the scope of the agent’s authority, the circumstances under which it takes effect, and any limitations you wish to place on the agent’s decision-making authority.
Living will and advance directive
Drafting of living wills setting out your wishes regarding life-sustaining treatment, artificial nutrition, pain management, and end-of-life care. A living will gives your healthcare proxy agent and medical providers clear guidance and reduces the burden on family members at a difficult time.
Will review and update
Review and updating of existing wills and advance directives to reflect changes in family circumstances, asset profiles, beneficiary designations, or executor selections. Major life events including marriage, divorce, birth of a child, or death of a named executor or beneficiary are common triggers for a will update.
How it works
Our wills and advance directives process
01
Planning consultation
We review your family situation, assets, and goals, including any minor children, blended family considerations, or specific distribution wishes. We recommend the right combination of documents for your circumstances and explain what each one does before any drafting begins.
02
Document drafting
We draft your will, healthcare proxy, and living will tailored to your situation. You receive drafts to review, and we walk through every provision in plain language so you understand exactly what you are signing and why each provision is included.
03
Execution and signing
We coordinate the formal execution of your documents at our White Plains office, including the two-witness requirement for your will under New York EPTL Section 3-2.1 and notarization of your healthcare proxy. You leave with fully executed originals and copies for your records.
04
Storage and follow-up
We advise on safe storage of your original documents and provide guidance on who should have copies of your healthcare proxy and living will. We also flag any follow-up steps, such as updating beneficiary designations on life insurance or retirement accounts to align with your overall plan.
Common questions
Wills and advance directives FAQ
What happens if I die without a will in New York?
If you die without a valid will in New York, your estate is distributed according to the intestacy rules under EPTL Article 4. These rules follow a fixed hierarchy that gives priority to your spouse and children, then parents, then siblings, and so on. The result may not reflect your actual wishes, particularly in blended family situations, unmarried partnerships, or cases where you want to leave assets to friends, charities, or specific family members. Intestacy also means the court appoints an administrator for your estate rather than a person of your choosing, which can create conflict and delay.
Can I write my own will in New York?
New York does not recognize holographic wills, meaning a handwritten will without witnesses is not valid. A valid New York will must be signed by you in the presence of at least two witnesses, who must also sign the will in your presence. Online will forms and templates are often not drafted with New York’s specific requirements in mind and may contain provisions that are unenforceable or ambiguous under New York law. The cost of drafting a proper will with an attorney is almost always far less than the cost of resolving the problems an invalid or ambiguous will creates.
What is the difference between a healthcare proxy and a living will?
A healthcare proxy designates a specific person to make medical decisions on your behalf if you cannot make them yourself. That person can respond to medical situations as they arise and communicate with your doctors in real time. A living will sets out your own written instructions regarding specific end-of-life decisions, such as whether you want life-sustaining treatment continued if you are in a permanent vegetative state. The two documents work together. The healthcare proxy gives someone authority to act, and the living will gives them guidance on your wishes so they do not have to make those decisions without direction.
How often should I update my will?
You should review your will any time there is a significant change in your family or financial situation. Common triggers include marriage, divorce, birth or adoption of a child, death of a named executor or beneficiary, a significant change in assets, or a move to a new state. As a general rule, reviewing your estate planning documents every three to five years is a reasonable baseline even if nothing has changed. New York law governs the validity and interpretation of your will, and reviewing it periodically ensures it still reflects your wishes and complies with current law.
Related services
Often considered alongside Wills and Advance Directives
Need a will or advance directives drafted?
Every adult in New York should have a will, healthcare proxy, and living will in place regardless of age or estate size. Speak with an attorney about putting the right documents in place for your situation.
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