Legal Question in Wills and Trusts in New York

Signing My WIll

I live in New York City. In NY a will does not need to be notarized. My witnesses live in MD/VA. Can I sign the will and can they witness the will with me while standing in MD, or do we need to be in NY? Thanks.


Asked on 3/02/07, 1:00 pm

2 Answers from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Signing My WIll

Your will should be properly executed in the State of New York and your witnesses should be in NY and preferably residents of New York at the time of signing.

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Answered on 3/02/07, 2:38 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Signing My WIll

Yes you can. However, when you die, and you do not have what is called a "self-proving will", your witnesses will need to file an affidavit in Surrogates Court in NY, and may, under certain circumstances need to appear in person.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 3/02/07, 3:08 pm


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