Creating a will might not be at the top of your to-do list, but it is worth your attention. A will is one of the most important legal documents you'll ever create. Whether you're just starting your estate planning journey or wondering if your current will needs an update, this guide walks you through everything you need to know about drafting a will in New York City, with the help of trusted professionals like our team at McAdoo Estate Planning, LLC.

So, What Is a Will?

A will, also known as a last will and testament, is a legal document you create to explain what should happen to your money, property, and loved ones after you pass away.

It gives you the power to:

1. Designate who inherits your property

You choose who gets what—like your house, savings, personal belongings, or anything else you own. Without a will, the state decides who gets it, which might not be what you want.

2. Name a guardian for your minor children

If you have kids under 18, you can name someone you trust to care for them if something happens to you. Otherwise, the court will choose someone.

3. Appoint an executor to manage your estate

The executor is the person you put in charge of carrying out the instructions in your will, handling things like paying bills, distributing property, and dealing with the court.

What Happens If You Die Without a Will in New York?

If you pass away without a will, you're considered to have died "intestate." In this case, New York's intestacy laws determine how your assets are distributed. These laws prioritize your closest living relatives—such as a spouse, children, or parents—and follow a strict legal order.

While this process may seem straightforward, it can lead to unintended consequences:

• Loved ones you intended to provide for—such as stepchildren, close friends, or charitable organizations, may be left out entirely.
• Family disputes may arise due to a lack of clear direction, causing unnecessary tension during an already difficult time.
• The probate process may be delayed, as the court works to identify heirs and manage the estate without your input.
  
  

This is where McAdoo Estate Planning, LLC can provide essential support. By helping you draft a clear and legally sound will, our team ensures that your wishes are documented and legally enforceable, your estate is distributed according to your intentions, not state defaults, and that your loved ones are spared from unnecessary legal complications and delays.

Legal Requirements for a Valid Will in NYC

To be valid in New York:

• The person creating the will (the “testator”) must be at least 18 years old and of sound mind.
• The will must be in writing.
• It must be signed by the testator.
• It must be witnessed by at least two people, who also sign the will.
  
  

McAdoo Estate Planning, LLC will walk you through each of these requirements to ensure that nothing is left to chance. Our  Estate Planning attorneys make sure your will is not just valid, but rock solid.

Do You Need a Lawyer to Create a Will in New York?

Technically speaking, it is legal to draft your own will in New York. However, just because you can create a will on your own doesn't always mean it's the best idea. Many DIY wills are incomplete, vague, or fail to meet New York's legal requirements, making them vulnerable to being challenged or even declared invalid during probate. 

Even minor errors in wording, signing, or witnessing can lead to major issues, including confusion among heirs or the distribution of assets in a way you never intended.

That's why working with an experienced estate planning attorney is so important. At McAdoo Estate Planning, LLC, our team ensures your will is not only valid under New York law but also clearly reflects your wishes and protects your legacy.

Types of Wills Recognized in NYC

From simple wills to more complex options like pour-over wills (used with trusts), McAdoo Estate Planning, LLC helps you determine what's right for your needs and plans. We also review and update existing wills to make sure they still work for your goals.

How to Choose an Executor

The executor is the person responsible for carrying out your wishes. They'll deal with assets, debts, and court filings. It's a big job.

We at McAdoo Estate Planning, LLC help you:

• Understand the role.
• Choose the right person.
• Include clear instructions in your will to simplify their job.
  
  

Protecting Your Children in Your Will: Naming a Guardian

If you have minor children, your will is the only way to name a guardian legally. Without one, a court will decide who raises your kids.

Our team at McAdoo Estate Planning, LLC will help you:

• Choose the right guardian.
• Legally appoint them in your will.
• Include specific guidance about your wishes for your children's upbringing.
  
  

Updating or Revoking a Will

Can I change my will after it's been created? Absolutely. And you should in specific circumstances, for sure.

When Should You Update Your Will?

• After a marriage, divorce, or a new child.
• When you gain or lose significant assets.
• If someone named in your will passes away or is no longer appropriate.
  
  

Whether you need a brand-new will, our professionals here at McAdoo Estate Planning, LLC will guide you through the legal process of updating your documents—without starting from scratch unless necessary.

Common Mistakes to Avoid When Writing a Will in NYC

Our attorneys regularly help clients avoid common errors, such as:

• Forgetting to include digital or sentimental assets.
• Not naming a backup executor.
• Failing to comply with New York's witness laws.
  
  

McAdoo Estate Planning, LLC reviews your documents thoroughly to ensure they're airtight and up to date.

How to Create a Will That Cannot Be Contested in New York

It's not enough to write down your wishes—you need to make sure they're legally defensible.

We help prevent challenges by:

• Verifying you have testamentary capacity.
• Documenting the process to avoid claims of undue influence.
• Providing you with ongoing legal support as your situation evolves.
  
  

Commonly Asked Questions

What Happens If I Die Without a Will?

Your assets will be distributed by state law, not by your wishes. We help prevent that with a personalized, legal will.

Is Estate Planning Only About Wills and Trusts?

No—it's about planning for life and death. McAdoo Estate Planning, LLC offers full-service estate planning that includes powers of attorney, healthcare directives, tax strategies, and more.

Can I Change My Will After It's Been Created?

Yes. We make the process simple—whether you need a quick amendment or a new document.

Do I Need a Lawyer to Create a Will in New York?

Not legally—but without one, your will might not stand up in court. That's why so many New Yorkers choose McAdoo Estate Planning, LLC.

What Is the Difference Between a Trust and a Will?

A will goes through probate; a trust often doesn't. Trusts offer more Privacy and long-term asset management. We'll help you decide which tools are right for you.

Who Can Create a Will in New York City?

Any competent adult age 18 or older. Our attorneys are here to guide you through the process at any age or stage of life.

How Do I Revoke or Change My Will?

We handle the paperwork and ensure the change is legal and recognized by the courts.

How Do I Choose an Executor for My Will?

We help you select someone capable and trustworthy—and guide them when it's time to act.

What Is the Role of a Guardian for Minor Children in a Will?

They'll be responsible for your children's upbringing if something happens to you. We make sure the appointment is legally valid and aligned with your values.

Conclusion

At McAdoo Estate Planning, LLC Firm, we don't just help you create a will—we help you plan for life, protect your loved ones, and leave a legacy. Whether you're just starting out or need to revise an outdated will, our New York-based team offers:

• Expert legal guidance
• Personalized estate plans
• Ongoing support and updates as your life changes
  
  

Ready to secure your future? Contact us today to schedule your free consultation.