Capacity meaning that they know what they are signing, that they understand how the assets are going to be distributed after their death, that they know what their assets are, what type of property they own and a general idea of the value of those assets. The testator should also declare to the witnesses that they are signing a last will and testament so that everyone, essentially everyone in the room needs to know what is being signed. Essentially anyone who has something to gain by the document should not be a witness to it. It cannot be witnessed by anyone in the family or anyone who is mentioned in the will. So if we’re talking about a standard client executing a will with an estate planning attorney, then it should be type written, the testator or the individual who is signing their will should sign at the end of the document and it should be witnessed by two disinterested witnesses. Those exceptions also have an expiration date where that will is only good for a certain amount of time. Those exceptions are very specific to armed forces during times of conflict and mariners who are at sea. While this is not a legal requirement, the American Bar Association recommends it. One requirement is that is has to be type written, with very few exceptions, a verbal will or a handwritten will, will not be accepted by the courts. The will can then be notarized by a lawyer who witnessed all three signatures. The filing must include the will, a certified copy of the death certificate, and a Probate Petition that is signed and notarized. New York has a very specific statute that outlines exactly how a will needs to be executed in order for it to be a valid will in the state of New York. However, to be self-proving a will is required to have a notary attestation, which makes the eventual probate of the will quicker and easier. Echo "" screen mozallowfullscreen allowfullscreen> Return to FAQ Videos Transcript: No, a will does not have to be notarized for the will to be valid in New York.