Will Attorney Serving Pittsford, Monroe County, and the Southern Tier
A will is the legal document that says where your assets go, who cares for your children, and who is responsible for carrying out your wishes. Every adult should have one — regardless of the size of their estate.
File With New York State
Depending on your entity type, this means filing Articles of Organization or Articles of Incorporation with the New York Department of State, along with the correct fees and supporting documentation.
What a Will Does — and What Happens Without One
A last will and testament is a legally binding document that names your beneficiaries, designates a guardian for any minor children, and appoints an executor to administer your estate after you pass. It is how you stay in control of decisions that will outlast you.
Without a valid will in New York, the Surrogate's Court applies intestacy law — a fixed statutory formula that distributes your estate based on family relationships, not your preferences. A surviving spouse may not inherit everything. Close friends receive nothing regardless of your relationship. The court appoints an estate administrator rather than someone you would have chosen. And if you have minor children, the question of guardianship is resolved by a judge with no knowledge of your wishes.
Intestacy law doesn't ask what you would have wanted. A will does.
How John Prepares Your Will
The process is straightforward and typically requires one focused meeting followed by a review and signing appointment.
Gather Information About Your Assets and Family
John begins by understanding your estate: what you own, how it's titled, and who the important people in your life are. This includes identifying any specific bequests, accounts with existing beneficiary designations, and assets that pass outside of a will.
Discuss Your Goals and Name Key People
Who should inherit your estate? If you have minor children, who would you trust to raise them? Who will serve as executor — the person responsible for carrying out your wishes and managing the administrative process? John helps you think through each decision clearly and name alternates where appropriate.
Draft the Will in Compliance With New York Requirements
New York has specific execution requirements for a valid will, including the presence of two witnesses at the time of signing. John drafts your will to meet all of these requirements and reviews the final document with you before execution so you understand exactly what it says.
Advise on Updates as Your Life Changes
A will is not a permanent, one-time document. Marriage, divorce, the birth of children or grandchildren, significant changes in assets — any of these may call for an update. John remains available to assist with amendments as your circumstances change.
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Why Clients Stop Putting It Off
Most people delay writing a will not because they lack the desire but because they feel they need to make perfect decisions before they can start. Who should be executor? What if circumstances change? What if I leave something out?
John's clients consistently describe the process as more manageable than they expected. The first will is a starting point, not a final statement. It can be updated. What it cannot be is undone after the fact. The single most common thing John hears from clients after they sign is that they wish they had done it sooner.
We serve will preparation clients from our Pittsford office in Monroe County and our Belmont office serving Allegany County and the Southern Tier. Both offices offer free initial consultations.
Questions About Wills in New York
How do I make a will in New York?
A valid will in New York must be in writing, signed by the person making the will, and witnessed by two individuals who are present at the time of signing. The document must also meet specific requirements regarding the testator's capacity and intent. An attorney ensures all of these formalities are met correctly — a will that fails on execution grounds is no will at all.
What happens if I die without a will in New York?
New York's intestacy law takes over. Your estate is distributed according to a fixed statutory formula based on family relationships — not your preferences. A surviving spouse and children split the estate according to that formula. Friends, stepchildren, and unmarried partners receive nothing. If you have minor children, the court appoints a guardian without input from you. The process also tends to take longer and cost more than a planned estate.
Do I need a lawyer to write my will in New York?
You are not legally required to hire an attorney, but the execution requirements for a valid will in New York are specific, and a document that fails to meet them may be denied probate entirely. An attorney also ensures your will is drafted to hold up if challenged — which matters most when the people it protects need it to work.
Can I update my will after it's been signed?
Yes. A will can be amended through a document called a codicil, or replaced entirely with a new will. John advises clients to revisit their will after major life changes — marriage, divorce, the birth of a child or grandchild, a significant change in assets, or the death of a named beneficiary or executor. The goal is always to make sure the document reflects your current wishes.
Who should be the executor of my will?
Your executor should be someone you trust completely, who is organized enough to manage paperwork and deadlines, and who is willing to take on the responsibility. A spouse or adult child is common, but the right answer depends on your specific family situation. John will help you think through the decision and name an alternate in case your first choice is unable or unwilling to serve.
Contact Us Today
Bernacki Law helps individuals and families across Monroe County and the Southern Tier prepare legally sound wills that reflect their wishes and hold up when it matters most. John Bernacki has more than 35 years of legal experience, including 16 years as Pittsford Town Justice, and provides will preparation counsel from offices in Pittsford and Belmont, New York, with every matter handled personally. Learn more on our about page.