🔑 New York: No Requirement that a Will Must Be Dated to Be Duly Executed

New York law does not require the will to be dated.

Matter of Russo, 2021 NY Slip Op 32032(U) (Sur. Ct., Nassau County), states:

There is no requirement under EPTL 3-2.1 that a will must be dated to be duly executed (Matter of Dujenski, 147 AD2d 958 [4th Dept 1989]). In Dujenski, the Appellate Division reversed a decision by a Surrogate in which a will was invalidated based upon a lack of proof of the date when it was signed. The Appellate Division noted that "[t]here is no requirement that either the will or the testatrix's signature be dated."

Practical Questions: Filling Out the Probate Petition, Waivers, and Witness Affidavits

Questions: What date do I put in the blanks on the petition, waivers, and witness affidavits? Do I just insert "undated" in that blank?

Answers: