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In New York City, wills are to be written by individuals of 18 years or more. The testator person writing the will must be of sound mind and must sign the will in the presence of two attesting witnesses. Other than a typed will the NYC acknowledges nuncupative (oral) wills which are made by armed forces members while undertaking their naval or military service. The armed force members may also make holographic wills which should strictly be in the testator’s handwriting.
Estate planning helps to eliminate any discrepancies or legal issues that may arise after the death of the testator. Even though it is not compulsory to have a will notarized in NYC, it is highly recommended for one to notarize it. This means it is “self-proving” and can make probate easy and fast. A will must be kept in a safe and easily accessible place.
Upon the death of a testator, the will needs to be filed in the New York Surrogate Court and in the county where the decedent lived. The original last will is to be accompanied by a petition for letters testamentary. The executor or his attorney file probate and furnishes the court with information about heirs and beneficiaries. Heirs and beneficiaries need to be notified of the ongoing probate proceeding. A probate proves the validity of a will and in some cases, there is a will contest.
