New York signing guide
A plan isn't a plan unless it's signed the right way. This guide explains how to sign your Will, Powers of Attorney, and Healthcare Directive in New York. Each state and document has its own rules. We did our best to keep it simple.
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Before you sign
These are the state's signing rules. Some documents give you a choice between a notary and witnesses. Dandelion may use a different set of steps, explained below.
| Document | Witnesses | Notary |
|---|---|---|
| Will | At least two needed. Extra rules apply if a witness gets a gift in the Will. | Not required for the Will itself. |
| Financial Power of Attorney | Two needed. The official confirming your signature can also be one witness. | You need a notary or another authorized official to confirm your signature. |
| Healthcare Directive | Two needed. | Not required. |
Will
What this document does
Your Will says who you want to get your money and belongings after you die, and who should carry out your wishes. You can also name the person you want to care for your children under 18. Naming them records your choice; it does not make the final decision for a court.
Signing rules in New York
- Do I need a notary?
- Not required for the Will itself.
- How many witnesses
- At least two needed. Extra rules apply if a witness gets a gift in the Will.
- Who can be a witness
- Choose two witnesses who are not beneficiaries of your Will (people receiving gifts). A witness who is a beneficiary can lose their gift unless two other non-beneficiary witnesses sign. Naming someone as your executor does not count as giving them a gift. Your executor can serve as a witness as long as they are not also a beneficiary.
- Witness statement
- Optional: Your witnesses can sign a sworn statement before a notary. This helps the court check that you signed your Will properly.
- Signing in person or online
- Sign in person. Online Will signing is not currently allowed in New York.
- Other rules to know
- Tell each witness out loud that the document is your Will. Sign at the end of the Will. Both witnesses must sign within the same 30-day period.
How you sign with Dandelion
Use two witnesses who will not get a gift in your Will. They also sign a sworn witness statement before a notary when you sign.
What happens in New York without a Will?
New York's rules decide who gets the money and belongings covered by those rules. The result depends on your family, such as whether you have a spouse, children, parents, or siblings. It may not match your wishes. A friend or partner you are not married to is not automatically included.
Read the state law
Financial Power of Attorney
What this document does
This document names someone you trust to handle money matters for you. You choose what they can do, such as pay bills or manage an account.
Signing rules in New York
- Do I need a notary?
- You need a notary or another authorized official to confirm your signature.
- How many witnesses
- Two needed. The official confirming your signature can also be one witness.
- Who can be a witness
- Do not choose the person you name to handle your money. Do not choose someone the document allows to get gifts from you.
- Signing in person or online
- Your notary may help over video while located in New York. Your witnesses must be with you in person.
- Other rules to know
- Use type that is at least 12-point size. Each person you name to handle your money must also sign. A notary or another authorized official must confirm their signature before they can act.
How you sign with Dandelion
Use a notary and two other witnesses. The law lets the official confirming your signature also be one witness. Dandelion keeps those roles separate.
What happens in New York without a Power of Attorney?
If you cannot manage your money, your family may have to ask a court to choose someone to help. In New York, this is called a guardianship. Going to court can take more time and cost more than naming someone in a document ahead of time.
Read the state law
Healthcare Directive
What this document does
This document records your medical care wishes. It also names someone to make health care decisions if you cannot make them yourself.
Signing rules in New York
- Do I need a notary?
- Not required.
- How many witnesses
- Two needed.
- Who can be a witness
- Choose adults other than the person you name to make health care decisions. They confirm that you chose to sign and that no one forced you.
- Signing in person or online
- One or both witnesses can join over video. Show photo ID if a witness does not know you. Send a copy to each remote witness within 24 hours so they can sign and return it.
- Other rules to know
- Do you live in a mental health care facility? At least one witness must have no ties to that place. If it is also a hospital, one witness must be a qualified psychiatrist or psychiatric nurse practitioner. These are types of mental health care professionals.
How you sign with Dandelion
Use two witnesses. A notary does not give this document any extra legal effect.
What happens in New York without a Healthcare Directive?
If you cannot make your own health care choices, someone may need to help. If you have not named that person, New York's rules and your care team guide who is asked. That may not be the person you would choose.
Read the state law
What happens in court after someone dies?
Probate is a court process after someone dies. It can include checking their Will, paying debts, and passing their money and belongings to the right people. Having a Will does not automatically let your family skip this process.
The steps depend on what the person owned and New York's rules. The court's website explains the forms and steps your family may need.
Common Questions
Questions and words to know
How long do my New York Will witnesses have to sign?
Both witnesses must sign within the same 30-day period.
Can I write my New York Will by hand?
Usually, no. New York allows this only in limited cases for people serving in the military or working at sea. Those exceptions have time limits.
Can someone who gets a gift in my Will also be a witness?
Their gift can be lost unless two other witnesses who do not get gifts also sign. They may still get the share New York law gives them if there is no Will. Dandelion uses witnesses who will not get gifts in your Will.
Do I need a notary and two other witnesses for my money document?
That is Dandelion's approach. New York law requires two witnesses and a notary or another authorized official to confirm your signature. That official can also be one witness, but Dandelion uses a notary and two other people.
When can my chosen person make health care decisions for me?
For a New York Health Care Proxy, a doctor must first decide that you cannot make your own health care decisions. Then the person you named can act under the document.
What is a notary?
A notary is a person authorized by a state to check identity and witness or confirm a signature. They can also take sworn statements. This matters because this helps show that the signature or statement is genuine. A notary does not replace witnesses unless the rules for that document allow it.
What does a witness do?
A witness is someone who can confirm what happened when you signed. They may also have to sign the document. This matters because each state has rules about how many witnesses you need and who can be one.
What is probate?
Probate is a court process after someone dies. It can involve checking a Will, paying debts, and passing property to the right people. This matters because having a Will does not automatically let your family skip this process.
What is a guardianship?
Here, it means a court process to choose someone to help with money if you cannot manage it yourself. Your family may need to ask the court if you have not already named someone in the right document.
Related Reading
- What Is a Will?
How a Will records your wishes and who carries them out.
- Living Will vs. Medical Power of Attorney
Understand the different parts of health care planning.
- Documents and Coverage
See which documents Dandelion offers and where they are available.
- All State Requirements
Choose another state and see what is available.
Dandelion helps your family plan who will make decisions, who can care for your children, and what happens to your money and belongings. Keep legal documents, everyday instructions, and family memories together in one plan you can share.
Start my planDandelion is not a law firm and does not provide legal advice. This article is for educational purposes only and does not constitute legal advice. State laws vary. For advice specific to your situation, consult a qualified estate planning professional.