Wills

A will is the document that says who receives your property, who raises your children if you cannot, and who is in charge of carrying that out. Without one, New York law makes those decisions for you, using a fixed formula that does not ask what you actually wanted.

Fisher Stone prepares wills for individuals and families throughout New York City for a flat fee, quoted after a short, free consultation of about 15 minutes, before any work begins. A real, licensed New York attorney handles your will from start to finish, reachable directly by call, email, or text. There is no call center and no handoff to a paralegal partway through.

What a will does

A Last Will and Testament is a legal document that takes effect when you die. It names the beneficiaries who receive your property, names an executor to carry out your instructions, and, if you have minor children, names a guardian to raise them. It can also address specific gifts, such as an heirloom or a particular account, and set conditions on when a younger beneficiary receives an inheritance.

A will does not control everything you own. Assets that pass by beneficiary designation, such as a life insurance policy or a retirement account, or assets held jointly with a right of survivorship, generally pass directly to the named person regardless of what your will says. Part of preparing a will is reviewing these designations so they work together with your overall plan rather than against it.

What happens if you die without a will in New York

If you die without a will, New York calls this dying “intestate,” and the state’s intestacy statute decides who inherits your property. The formula depends on which relatives survive you. A surviving spouse with children receives a set share of the estate plus a portion of what remains, with the children dividing the rest. A surviving spouse with no children receives the entire estate. If there is no spouse, children inherit equally, and if there are no children, the law works outward to parents, then siblings, then more distant relatives.

Intestacy does not ask who you were closest to. An unmarried partner, a stepchild you never formally adopted, and a close friend all receive nothing under intestacy, regardless of your relationship, unless a will says otherwise. Intestacy also does not name a guardian for minor children or an executor of your choosing. Instead, the Surrogate’s Court appoints an administrator to manage the estate, and if there is no surviving parent, the court decides who raises your children based on its own view of their best interests.

What a will should include

A will works best when it is specific about the decisions that matter most: who receives what, who is in charge, and who raises your children if needed. Each of these deserves its own attention rather than a generic clause.

Beneficiaries and specific gifts

Your will names the people or organizations who receive your property and can call out specific gifts, such as a piece of jewelry, a vehicle, or a set sum to a particular person. It is worth naming alternate beneficiaries in case someone you named does not survive you, and being clear about how the residuary estate, meaning everything left once specific gifts are distributed, is divided.

Your executor

The executor is the person you name to carry out your will: collecting your assets, paying valid debts and final expenses, and distributing what remains to your beneficiaries. This person answers to the Surrogate’s Court during probate, so they should be someone organized and trustworthy, and ideally someone you have discussed the role with. You can also name a successor executor in case your first choice is unable or unwilling to serve.

A guardian for minor children

If you have children under 18, your will is where you name a guardian to raise them if you and the other parent are both unable to. Without a named guardian, this becomes a decision for the Surrogate’s Court, which may involve family members petitioning the court and disagreeing over who should raise the children while the matter is pending. Naming a guardian in your will, and naming a backup guardian, resolves that question in advance and reflects your own judgment about who is right for the role. A separate guardianship proceeding may also be needed for a child with special needs while a parent is still living, which is a distinct process from naming a guardian in a will.

Wills and trusts together

A will and a trust serve different purposes, and many complete estate plans use both. A will directs property that is in your name alone at your death and goes through the probate process described below. A trust, once properly funded, holds assets outside of your individual name, and those assets can generally pass to your beneficiaries without probate, under terms you set out in the trust document.

A will is still necessary even when you have a trust. It names your executor and, for parents of minor children, names a guardian, neither of which a trust does. It also typically includes a “pour-over” provision directing any assets left in your individual name to your trust, so property you did not get around to retitling still ends up where you intended. Whether a trust makes sense alongside your will depends on the size of your estate, whether you own property in more than one state, and how much you want to keep out of probate. An attorney can review your situation and recommend whether a trust fits your plan.

Many people also put a power of attorney in place at the same time as a will. A power of attorney addresses a different problem: it lets someone you trust manage your finances while you are alive but unable to, whereas a will only takes effect after you die. The two documents work together to cover both situations.

Keeping your will up to date

A will should be reviewed after marriage, divorce, the birth or adoption of a child, or the death of a named beneficiary or executor. Moving out of New York, a significant change in what you own, or a falling out with someone named in the will are also good reasons to revisit it. Even without a major change, reviewing your will every few years helps confirm it still reflects what you want.

When you do die, your will is filed with the Surrogate’s Court in the county where you lived, in a process called probate. The court confirms the will is valid, appoints your named executor, and oversees the collection and distribution of your assets. Our estate planning practice prepares wills alongside the trusts, powers of attorney, and other documents that make up a complete plan, and guides families through probate when the time comes.