Short answer. 2 witnesses. A self-proving affidavit is sworn before an oath officer such as a notary. Handwritten wills: limited. Remote witnesses: no.
At a glance
- Witnesses
- Two witnesses, who sign within one 30-day period. The testator signs at the end of the will.
"There shall be at least two attesting witnesses"
- Beneficiary as witness
- The will stands, but a gift to a witness is void unless two other witnesses who get nothing also signed. A witness who would inherit anyway can keep up to that share.
"void unless there are, at the time of execution and attestation, at least two other attesting witnesses"
- Self-proving affidavit
- Witnesses can sign an affidavit, at the testator's request during life, before any officer authorized to administer oaths. The court accepts it as if the witness had testified.
"any officer authorized to administer oaths"
- Handwritten wills
- Only for members of the armed forces in actual service during a war or armed conflict, people serving with them, and mariners at sea. These wills expire after a set time.
"written entirely in the handwriting of the testator"
- Electronic wills
- Not yet. The version of the execution section that takes effect December 12, 2027 refers to electronic wills under a new part six. (EPTL 3-2.1 as amended, effective December 12, 2027)
"electronic wills authorized by part six of this article"
- Remote witnesses
- Not now. Executive Order 202.14 let audio-video technology satisfy the presence requirement only from April 7, 2020 to June 25, 2021, as the Queens County Surrogate's Court noted in Matter of Holmgren (2022).
"for the brief period of April 7, 2020, to June 25, 2021"
- Minimum age
- 18 or older, of sound mind and memory.
"Every person eighteen years of age or over, of sound mind and memory"
Worth knowing
Witnesses add their home addresses when the testator asks. Leaving an address off doesn't make the will invalid.
Signing day here
- Witnesses to bring: Bring 2 witnesses.
- Notary and the self-proving affidavit: Have a notary or another officer who can administer oaths there for the self-proving affidavit. The statute names that officer rather than notaries by name.
The full list, with ID and who shouldn't witness: signing-day checklist for New York.
MCC Solutions provides notaries and witnesses for signings in New Jersey (estate planning signings, the estate planning signing package, witness services). Elsewhere, a local notary can help with the self-proving affidavit.
Official sources
- EPTL 3-2.1, Execution and attestation of wills (New York State Senate) (checked November 2026)
- EPTL 3-2.2, Nuncupative and holographic wills (New York State Senate) (checked November 2026)
- EPTL 3-3.2, Competence of attesting witness who is beneficiary (New York State Senate) (checked November 2026)
- EPTL 3-1.1, Who may make wills (New York State Senate) (checked November 2026)
- SCPA 1406, Proof of will by affidavit of attesting witness (New York State Senate) (checked November 2026)
- Matter of Holmgren, 2022 NY Slip Op 22049 (Surrogate's Court, Queens County, February 23, 2022) (checked November 2026)
General information, not legal advice; we are not lawyers. Have a lawyer prepare or review your will. Checked November 2026 against the official pages listed above. Rules change, and how a rule applies to one will is a question for a lawyer licensed in the state. A notary can't give legal advice or draft a will.
Common questions
How many witnesses does a will need in New York?
2. Two witnesses, who sign within one 30-day period. The testator signs at the end of the will.
Does a will need a notary in New York?
Not to be valid on the pages we read; the notary is for the self-proving affidavit. Witnesses can sign an affidavit, at the testator's request during life, before any officer authorized to administer oaths. The court accepts it as if the witness had testified.
Can a beneficiary witness a will in New York?
The will stands, but a gift to a witness is void unless two other witnesses who get nothing also signed. A witness who would inherit anyway can keep up to that share. The statute: "void unless there are, at the time of execution and attestation, at least two other attesting witnesses."
Is a handwritten will valid in New York?
Only for members of the armed forces in actual service during a war or armed conflict, people serving with them, and mariners at sea. These wills expire after a set time.
Can will witnesses be remote in New York?
Not now. Executive Order 202.14 let audio-video technology satisfy the presence requirement only from April 7, 2020 to June 25, 2021, as the Queens County Surrogate's Court noted in Matter of Holmgren (2022).
Are electronic wills allowed in New York?
Not yet. The version of the execution section that takes effect December 12, 2027 refers to electronic wills under a new part six. (EPTL 3-2.1 as amended, effective December 12, 2027)
All states: will witness requirements by state · New Mexico · North Carolina