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Commonly Asked Questions about Legal Will Forms for Parents with Children

Do I Need to Register the Will with a Court After I have Executed it? In New York, there is no official place to register Wills. If a testator wants, they can file the Will with the Surrogates Court of the County where they reside for safekeeping.
When the person who died (the Decedent) had a Will then the Will must be filed in Surrogates Court and admitted (approved) for probate. Probate is the process of proving that the Will is valid (legally acceptable).
In other words, a parent can disinherit a child, leaving them nothing. In some cases, a parent may even decide to leave everything to one child, which can be a source of contention among siblings.
If the Decedent died without a Will, then an administration proceeding should be filed. If the Decedent had less than $50,000 of personal property with a Will or without a Will, then a small estate, also called a Voluntary Administration proceeding, can be filed instead.
New York County Surrogates Court.
But with the right guidance, and with some knowledge of your (and their) rights and the law, it is possible to create a Will for someone else, like a loved one. In fact, it may help you to know that its actually fairly common.
A comprehensive last will and testament typically includes the following essential elements: Identification. Executor. Beneficiaries. Guardianship. Asset distribution. Funeral and burial wishes. Residual clause. Witnesses and notarization.
The will must be in writing and signed by you, the testator, at the end of the will. You must sign your will in the presence of at least two witnesses, who do not receive anything under your will. At the time you are signing your will you are to state to the witnesses that you are signing your will.