Will
What it means
A written document that directs how a person's property is distributed after death. To be valid in New York, a will must be signed by the person making it (called the testator), in front of two witnesses who also sign it. A will can be changed at any time during the maker's life by signing a new will or a codicil (an amendment). After death, the will is filed with Surrogate's Court for probate. Common provisions include naming an executor, naming guardians for minor children, and listing who gets specific property. A will can also create a trust that takes effect after death. Legal aid offices and senior services often help low-income residents prepare simple wills at no cost.
When you might hear this
A will is the legal document that says who gets a person's property when they die. Without a will, the law decides who inherits. A will also names a guardian for minor children and an executor to handle the estate.
What to ask
- Does my will need to be notarized in addition to being witnessed?
- Where should the original will be kept so it can be found after death?
- Can a will be challenged after the maker dies?
- How does a will work alongside beneficiary designations on accounts?
- Where can a low-income resident get help drafting a will?