When Should I Make a Will?

The simple answer is: as soon as you have important wishes about what should happen after your death.

Many people associate wills with old age, serious illness, or substantial wealth. But a will isn't simply a document for wealthy people or senior citizens. It is one of the basic estate-planning tools people can use to communicate their wishes and provide direction for those they leave behind.

Death is often unexpected. Waiting until you believe you "need" a will can mean waiting too long.

A properly prepared and executed will can identify who should receive certain assets, nominate the person you want to administer your estate, address guardianship wishes for minor children, and reduce uncertainty for family members.

Just as importantly, a will can provide direction when your wishes differ from what New York law would otherwise provide.

If you're wondering who should actually prepare the document, read our related guide, Who Can or Should Draft My Will in New York?. It explains the important distinction between legal advice and the non-legal assistance other professionals can provide.

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

When someone dies without a valid will, they are generally said to have died intestate.

That doesn't mean their property automatically goes to the state.

Instead, New York's intestacy laws determine which eligible relatives inherit assets subject to intestate succession. The outcome depends on the person's family circumstances and how particular assets are owned.

The important point is that New York law, rather than your personal instructions in a valid will, may determine who receives probate property.

The law doesn't know which family member you were closest to, who helped care for you, who you wanted to receive a particular possession, or what informal promises you may have made.

There is another important difference when someone dies without a will: there is no executor named by a will. Instead, an administrator may need to be appointed by the Surrogate's Court.

Our related article, Who Is Legally Responsible for Handling Probate in New York?, explains the difference between an executor and administrator and why court authority matters when an estate includes real property.

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Does an Unmarried Partner Automatically Inherit in New York?

This is an especially important consideration for unmarried couples.

A boyfriend, girlfriend, fiancé, or unmarried partner generally does not receive the same intestate inheritance rights as a legal spouse merely because the relationship was long-term or committed.

If you want an unmarried partner or another person who might not otherwise inherit under New York's intestacy rules to receive property from your estate, proper estate planning becomes particularly important.

A valid will may be one component of that planning.

Other assets may pass through beneficiary designations, joint ownership, trusts, or other arrangements rather than through a will.

This is why a qualified estate-planning attorney should evaluate your entire situation instead of treating a will as an isolated document.

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Do I Need a Will If I Don't Have Much Money?

One of the biggest misconceptions about wills is that they're only for wealthy people.

You don't need to own a million-dollar estate for your wishes to matter.

Consider the property many people accumulate during their lives:

• A home, condominium, or other real estate
• Bank accounts
• Vehicles
• Furniture and household belongings
• Jewelry
• Family photographs
• Collectibles
• Business interests
• Personal possessions with sentimental value
• Digital property and accounts

Even relatively modest estates can create disagreements when there are no clear instructions.

Sometimes the possessions creating the greatest family tension aren't the most financially valuable. Jewelry, photographs, collections, furniture, or family heirlooms may carry enormous emotional significance.

Planning can provide clarity before those decisions have to be made.

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When Is the Best Time to Make Your First Will?

There isn't one age that's right for everyone.

Instead, think about important life events.

Marriage, divorce, the birth or adoption of a child, purchasing a home, starting a business, acquiring significant assets, entering a serious relationship, receiving an inheritance, or experiencing a major change in family circumstances are all good reasons to discuss your estate plan with an attorney.

You should also consider planning when there is a particular person, charity, or organization you want to benefit after your death.

The better time to address these questions is generally while you are healthy, capable of clearly expressing your wishes, and not facing an emergency.

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I Just Bought a House. Should I Make a Will?

Buying real estate is an excellent reason to review your estate plan.

For many New Yorkers, their home represents one of their largest assets.

If you own a house on Staten Island, you should understand how ownership is titled, whether anyone else is on the deed, and what you intend to happen to your interest in the property after your death.

A will may play an important role, but the answer can depend on the property's ownership and your overall estate plan.

This becomes especially important when there are children from previous relationships, unmarried partners, multiple beneficiaries, investment properties, or family members living in the home.

Don't assume that simply telling your family what you want will necessarily produce the intended legal result.

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Can I Leave My House to Someone in My Will?

Potentially, but whether a particular property passes under a will depends on how the property is owned and whether another legal arrangement controls its transfer.

That's one reason homeowners should specifically discuss their real estate with their estate-planning attorney.

Questions worth addressing include:

How is the property titled?

Who owns it with you, if anyone?

Is there a mortgage?

Who do you want to receive the property?

Do you want the property kept or sold?

What happens if several beneficiaries have different ideas about the house?

That last question can become particularly important.

We recently addressed this situation in Three Heirs, Three Different Opinions: How Do You Sell an Inherited Home When the Family Can't Agree?.

That article explains why disagreements frequently arise when one beneficiary wants to sell, another wants to renovate, and another wants to keep the family home.

Planning before that situation occurs can make future conversations considerably easier.

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Should I Update My Will After I Make It?

Creating a will shouldn't necessarily be viewed as something you do once and never consider again.

Your life can change substantially.

Marriage, divorce, births, deaths, new grandchildren, changing relationships, acquiring or selling real estate, moving to another state, significant changes in your finances, or changes in the people you want handling your affairs can all be reasons to review your estate plan.

Even if nothing dramatic has happened, periodically reviewing the plan with an attorney can help determine whether it still reflects your current wishes and circumstances.

Don't simply write changes onto an existing will or make informal alterations without appropriate legal guidance.

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Can I Make My Own Will in New York?

New York has legal requirements governing wills and their execution.

People sometimes use online forms or attempt to prepare wills themselves. The potential problem is that mistakes may not become apparent until after the person who created the document has died.

At that point, the one person who could clearly explain what they intended is no longer available.

Questions may arise concerning signatures, witnesses, execution procedures, capacity, beneficiaries, prior wills, or whether the document actually accomplishes what the person intended.

We discuss this issue in much greater detail in our guide, Who Can Draft a Will in New York? What You Need to Know.

NYS Probate Solutions and Your Home Sold Guaranteed Realty Advisors LLC do not draft wills or provide legal advice. Consult a qualified New York attorney regarding the preparation, modification, execution, or legal effect of a will.

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Is a Will Enough for Complete Estate Planning?

Not necessarily.

A will can be an important component of an estate plan, but it isn't the only document or planning tool that may be relevant.

Depending on your circumstances, an attorney may discuss beneficiary designations, powers of attorney, health care directives, trusts, jointly owned property, retirement accounts, life insurance, and other planning strategies.

Some assets may transfer outside the probate estate altogether.

That's why estate planning should generally be approached as a coordinated plan rather than simply "writing a will."

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What Happens to a House During Probate?

When someone dies owning real estate, the next steps depend on the property's ownership, the estate plan, debts and expenses, beneficiaries or heirs, and other circumstances.

One of the first questions should be:

Who actually has legal authority to make decisions about the property?

Being a child or beneficiary doesn't necessarily mean someone can immediately sell an estate-owned home. Our guide to who is legally responsible for handling probate in New York explains why determining the authorized fiduciary is an important early step.

Once appropriate authority has been established, the executor, administrator, or other authorized person may face practical responsibilities such as securing the property, maintaining insurance and utilities, dealing with personal belongings, coordinating cleanouts, evaluating repairs, determining market value, and deciding how the property should ultimately be handled.

This is where the legal process and the practical realities of inherited real estate begin to intersect.

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Should an Inherited House Be Fixed Up or Sold As-Is?

This can become one of the estate's biggest financial decisions.

Suppose an inherited Staten Island home needs $50,000 in renovations.

The family may assume that renovating is automatically the best option because the renovated home should sell for more.

But a higher sale price doesn't necessarily mean higher net proceeds for the estate.

The family should consider:

Current as-is value → available offers → renovation costs → potential repaired value → carrying costs → selling expenses → additional time → risk → estimated net proceeds

We break down this exact decision in The Inherited House Needs $50,000 in Work: Should the Estate Spend the Money or Sell It As-Is?.

Before an estate spends substantial money on improvements, understanding the numbers behind each option can help the fiduciary make a better-informed decision with the appropriate legal and financial professionals.

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What If the Heirs Can't Agree About the House?

Real estate can have substantial financial value and enormous emotional value at the same time.

That combination can create disagreement.

One sibling may want the fastest possible sale.

Another may believe renovations will maximize the inheritance.

Another may want to keep Mom and Dad's house because of its sentimental value.

Rather than beginning with opinions about what "should" happen, families can benefit from establishing objective information about the property's current value, condition, potential repair costs, carrying expenses, available selling options, timelines, and estimated net proceeds.

Our article, How Do You Sell an Inherited Home When the Family Can't Agree?, goes deeper into this situation.

Legal disagreements should, of course, be discussed with the estate's attorney.

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Frequently Asked Questions About Making a Will

At What Age Should I Make a Will?

There is no universal age that applies to everyone. Once you have assets, dependents, real estate, or specific wishes regarding what should happen after your death, it may be appropriate to discuss estate planning with an attorney.

Should I Make a Will Before Buying a House?

You don't necessarily have to wait until you buy a house. However, purchasing real estate is an important reason to create or review an estate plan.

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

New York's intestacy laws generally determine who receives property subject to intestate succession. An administrator rather than an executor named in a will may need to be appointed to administer the estate.

Will My Girlfriend, Boyfriend, or Unmarried Partner Inherit My Property?

An unmarried romantic partner generally doesn't receive the same intestate inheritance rights as a legal spouse merely because of the relationship. Discuss your specific intentions with a qualified New York estate-planning attorney.

Does a Will Avoid Probate?

Not necessarily. A will may be submitted to Surrogate's Court as part of the probate process. Whether particular assets pass through probate depends on the circumstances and how those assets are owned.

Can I Change My Will Later?

Estate plans can generally be changed while a person has the legal capacity to do so, but modifications should be made correctly. Consult an attorney rather than making informal alterations to an existing document.

How Often Should I Review My Will?

Major life events are good reasons to review your estate plan. It can also be worthwhile to review it periodically to make sure it still reflects your family circumstances, assets, relationships, and wishes.

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The Bottom Line: Don't Wait for an Emergency to Plan

So, when should you make a will?

For many people, the better question is:

Is there a good reason to keep putting it off?

If you own property, have people you care about, have specific wishes for your possessions, want to provide for someone who may not otherwise inherit, or simply want to make your intentions clearer, now may be an appropriate time to speak with a qualified estate-planning attorney.

A will cannot eliminate every problem a family might encounter after a death.

But thoughtful planning can provide something extremely valuable:

Clarity.

And clarity today can help prevent uncertainty tomorrow.

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Already Dealing With an Inherited Property?

If a loved one has already passed away and you're responsible for an inherited or estate-owned property, the legal process may be only one part of what you're facing.

There may also be a house to secure, belongings to sort, contractors to coordinate, repairs to evaluate, carrying costs to manage, and important decisions about whether to keep the property, sell it as-is, obtain cash offers, or prepare it for the open market.

NYS Probate Solutions helps executors, administrators, heirs, and families navigate these non-legal property and real estate decisions while their attorney handles the legal side of the estate.

You can also explore the growing Your Home Sold Guaranteed Realty Advisors LLC real estate and probate blog library for additional articles addressing inherited homes, probate real estate, executors, property values, repairs, and selling options.

Hal Blake
Broker/Owner
Your Home Sold Guaranteed Realty Advisors LLC
NYS Probate Solutions
Certified Probate Expert (CPE)

Important Disclaimer: This article is provided for general educational and informational purposes only and is not legal, tax, or financial advice. NYS Probate Solutions and Your Home Sold Guaranteed Realty Advisors LLC are not law firms and do not draft wills, interpret wills, or provide legal advice. Estate planning, probate, and inheritance matters should be discussed with a qualified New York attorney.