When it comes to creating a valid will in New York State, many of our callers wonder if it is always necessary to have two witnesses present. The answer is not as straightforward as one might think, as there are certain exceptions to the witness requirement.

In this article, we will explore the legal intricacies surrounding the necessity of witnesses for wills in New York, with a particular focus on the validity of handwritten wills.

The General Rule: Two Witnesses Required For a typical typewritten or printed will in New York, the law requires the presence of at least two attesting witnesses (EPTL § 3-2.1(a)(4)). These witnesses must, within a thirty-day period, attest to the testator’s signature and, at the request of the testator, sign their names and affix their residence addresses at the end of the will (EPTL § 3-2.1(a)(4)). The testator must also declare to each of the attesting witnesses that the document is their will (EPTL § 3-2.1(a)(3)).

The Exception: Handwritten Wills However, there is an important exception to the witness requirement in New York State. According to EPTL § 3-2.2(a)(2), a handwritten will, also known as a holographic will, is valid without the need for attesting witnesses. For a holographic will to be considered valid, it must meet the following criteria:

1. The entire will must be in the handwriting of the testator (EPTL § 3-2.2(a)(2)).
2. The will must be signed by the testator at the end (EPTL § 3-2.2(a)(1)).
3. The testator must have the mental capacity to make a will at the time it is written (EPTL § 3-1.1).

While witnesses are not legally required for a handwritten will, it is still advisable to have at least two individuals witness the signing of the document. This can provide additional evidence of the will’s authenticity and help prevent potential challenges to its validity (Matter of Teubert, 53 A.D.2d 869 (1976)).

The Option of Notarization for Witnesses Although not a legal requirement, if a testator opts to have two witnesses sign their handwritten will, a notary can acknowledge the witnesses’ signatures up to thirty days after they have signed, as long as the witnesses attest to having previously signed the will (EPTL § 3-2.1(a)(4)). This provides flexibility in the witnessing process and allows for the notarization of the witnesses’ signatures to occur at a later date. It is important to note that there is no provision in the EPTL for notarization of the testator’s signature on a will.

The “Importance of Proper Execution”, says Harry Otto, an apostille expediter and notary public at White Plains Apostille & Mobile Notary, often arrives at appointments for Last Will & Testaments in Westchester County and has to make judgment calls on what he’s willing to notarize and what he’s not. He makes it crystal clear: If he sees a will that is likely to get challenged in probate because the testator asked him to notarize their signature, and not those of the witnesses, he won’t do it because it will not create the self-proving aspect that the court would be looking for. If he sees mistakes in the document or in the request, he won’t offer legal advice, but he won’t notarize it and will ask the client to find another notary. It is crucial to ensure that a will is executed correctly to avoid potential issues during the probate process.

Harry Otto then goes on to say that although he lives and breathes this business and reads case law as a hobby, his main business is acting as an Apostille expediter, not an attorney, and especially not an estate planning attorney. He advises clients to pay for a consultation with an estate planning attorney, not a general practitioner, to get the right legal information. If it were up to him, everyone would have properly drafted trusts.

Conclusion In summary, while New York law generally requires two witnesses for a will to be valid, there is a notable exception for handwritten wills. A holographic will, entirely in the testator’s handwriting and signed by them, is considered valid without the need for attesting witnesses. However, it is still recommended to have witnesses involved to strengthen the will’s authenticity and minimize the risk of future legal challenges. If witnesses are used, a notary can acknowledge their signatures up to thirty days after they have signed. Proper execution of the will is essential to ensure its validity and to avoid complications during probate.

See our information regarding Trusts in New York as well.

Amanda Reese
White Plains Apostille & Mobile Notary

These instructions apply to Westchester County.

Looking to apostille (authenticate) your passport for a potential employer or university? This could be a confusing process unless you know this simple step.

First, make a good quality color photocopy of your passport, including your photo and signature page. In some instances, the requester may want to see all the pages so they can track where you’ve been. In this case, your apostille might contain 20+ pages.

Head over to the Westchester County Clerk at 111 Martin Luther King Blvd. in White Plains. Grab the “Blank Affidavit” from the wall or just ask the clerk, “I need an affidavit to authenticate a document.”

You’ll enter the passport number on the affidavit and sign the paper in front of the clerk, essentially guaranteeing to the recipient that this is an exact copy of your passport. One of the clerks will notarize your affidavit for free.

Once that’s done, they’ll hand you the New York State Department of State Apostille Request form. You’ll fill that out and enclose a check or money order for $10 and a self-addressed stamped envelope.

That’s it! Once you mail it to Albany, you can likely expect it back in about 3 weeks.

Need it faster or don’t want to deal with any of this? Upload a color copy of your passport, and we’ll take care of everything for $149 from start to finish. Want it done in just a day or two? We can do that too!

Call, text, or WhatsApp 7 days a week to (914)441-2444 or begin your apostille application here: apostilleapply.com.

Why You Should Avoid Third-Party Background Check Companies for Dual Citizenship Applications.

An Interview with Harry Otto, Lead Expediter at White Plains Apostille and Mobile Notary.

As one of the lead expediters at White Plains Apostille and Mobile Notary, Harry Otto has processed thousands of dual citizenship applications for well over 50 countries. One of the most frequent questions he receives from applicants is about the type of background check that should be submitted to embassies and consulates. In this article, Harry addresses these concerns and explains why White Plains Apostille and Mobile Notary strongly advises against using third-party background check companies, especially for sensitive applications such as dual citizenship.

The Risks of Using Third-Party Background Check Companies
“Third-party background check companies operate outside of the rigorous standards and oversight applied to federal agencies, leading to a high rate of inaccuracies, data breaches, and FCRA violations,” says Harry. “These issues can jeopardize your dual citizenship application and put your personal information at risk.”

1. Inaccuracies and Their Impact:
   A 2012 study by the National Consumer Law Center found that 65% of consumers who disputed an error in their background check report still had an inaccuracy after the dispute process (National Consumer Law Center). Harry points out that companies like Checkr, GoodHire, and Accurate Background have faced numerous complaints regarding inaccuracies in their reports, leading to job disqualifications and other serious consequences for individuals.

• Checkr: Users have reported issues with the length of time Checkr takes to verify information, sometimes causing significant delays in employment opportunities. Complaints also highlight problems with incorrect information being reported, leading to job disqualifications based on outdated or erroneous criminal records (Better Business Bureau) (Checkr).
• GoodHire: Users have reported cases where major criminal records were missed, which later caused serious employment problems. Additionally, GoodHire has been criticized for not adequately verifying information and making it difficult to get timely corrections to inaccuracies (Privacy Rights Clearinghouse) (Better Business Bureau) (NerdWallet: Finance smarter).
• Accurate Background: Accurate Background has been reported for data security issues and slow response times to disputes, making it challenging for users to correct incorrect information. This can lead to significant delays in employment or other critical applications.

1. FCRA Violations and Lawsuits:
   Many third-party background check providers have been involved in lawsuits and faced hefty fines for violating the Fair Credit Reporting Act (FCRA).

• HireRight: In 2012, HireRight paid a $2.6 million fine for failing to ensure the accuracy of reports and not providing proper disclosures to consumers (Federal Trade Commission). The company has been involved in multiple lawsuits due to providing incorrect information and failing to offer proper dispute mechanisms for affected individuals (Enzuzo).
• First Advantage: In 2016, a class action lawsuit was filed against First Advantage for allegedly not following reasonable procedures to assure maximum possible accuracy of the information in their reports (ClassAction.org). The company has faced legal challenges for not ensuring the accuracy and timeliness of the information provided in their reports (SecurityWeek).
• Sterling: Sterling has experienced data breaches that compromised sensitive personal information. The company has struggled with inaccuracies in reports and a slow dispute resolution process, impacting users’ employment opportunities.

1. Data Breaches and Security Concerns:
   Private background check companies are more vulnerable to hacks and data breaches compared to government agencies with stricter security protocols.

• Instant Checkmate: Instant Checkmate disclosed a breach affecting over 11.9 million accounts, exposing names, email addresses, and encrypted passwords (SecurityWeek).
• Checkr: In 2019, Checkr suffered a data breach that exposed tens of thousands of sensitive documents (TechCrunch).
• Intelius: Intelius has reported significant data breaches, compromising sensitive personal information of users.

1. Regulatory Interventions:
   Government regulators have had to intervene due to the numerous issues with third-party background check providers.

• In 2012, the Federal Trade Commission (FTC) charged HireRight Solutions with violating the FCRA by failing to use reasonable procedures to ensure the accuracy of information it provided and failing to give consumers copies of their reports and a summary of their rights under the FCRA (Federal Trade Commission).
• In 2015, the Consumer Financial Protection Bureau (CFPB) took action against two of the largest background screening providers, General Information Services and its affiliate, e-Background-checks.com, for failing to ensure the accuracy of reported information and denying affected consumers access to their reports (Consumer Financial Protection Bureau).
• In 2018, the FTC reached a settlement with RealPage, Inc., a Texas-based background screening company, over allegations that the company failed to take reasonable steps to ensure the accuracy of tenant screening information (Federal Trade Commission).

Why Third-Party Background Checks Are Not Accepted for Dual Citizenship:

Harry emphasizes that no country will accept third-party background checks for dual citizenship purposes due to the strict requirements set forth by the 1961 Hague Convention and Apostille process. “These countries only accept federal FBI background checks with an Apostille issued through Washington, DC,” he explains. “The stringent requirements ensure that the background checks are accurate, secure, and adhere to international standards.”

White Plains Apostille and Mobile Notary’s Company Policy
“Our company does not permit any non-governmental agencies from obtaining private information from any of our Apostille expediters or notaries,” says Harry. “Many of our notaries already hold bonding certificates and maintain additional licenses such as real estate, insurance, and sometimes even governmental financial securities licenses. This ensures that all background checks are handled with the highest level of security and professionalism.”

White Plains Apostille and Mobile Notary’s Recommendation
Harry strongly advises against using third-party background check companies for dual citizenship applications or other highly sensitive clearances. Instead, he recommends utilizing the FBI background check system. This government-provided service offers:

• Strict Regulatory Oversight: FBI background checks are conducted under rigorous standards and oversight to ensure accuracy and compliance with international requirements.
• Robust Data Protection: Government agencies are held to higher data protection standards compared to private companies, reducing the risk of breaches and unauthorized access.
• Global Acceptance: FBI background checks are the only reliable and internationally accepted option for dual citizenship applications under the 1961 Hague Convention and Apostille process.

“Using third-party background checks is not only a waste of time and money but can also jeopardize your entire dual citizenship application,” warns Harry. “Protect your personal information and ensure the success of your application by exclusively using government-provided background check services.”

White Plains Apostille and Mobile Notary encourages you to further research the cases and issues mentioned in this article to make an informed decision. If you have any questions or concerns, Harry and his team are always available to provide guidance.

For more information just see are searchable articles on FBI Background Check resources near our White Plains or New York City offices.

And One Final Thought…

It’s worth noting that even seemingly innocuous organizations like the National Notary Association (NNA) have found themselves embroiled in legal issues. In 2020, the NNA was named as a defendant in a class action lawsuit alleging that its remote online notarization (RON) platform, NotaryGO, overcharged customers for notary services (ClassAction.org). The lawsuit claimed that the NNA and its partners engaged in unfair business practices and violated consumer protection laws.

This case highlights the potential risks associated with private entities involved in regulation. As for-profit organizations, their relationship with applicants can be clouded by financial incentives, which may not always align with the best interests of the individual. This further underscores the importance of relying on government-provided services, such as FBI background checks, for sensitive matters like dual citizenship applications. These services are not driven by profit motives and are subject to strict oversight and regulations designed to protect the public interest.

If you thought the “single status” affidavit was enough to get married in another country, think again.



Some countries are adamant about American citizens marrying their citizens. Case in point: Colombia! We’ve assisted hundreds of clients from New York City, Westchester, Rockland and Putnam who believed that all they needed was an apostilled Birth Record and an affidavit stating that they are not currently married.



If you’ve mistakenly informed Colombian authorities that you were previously married, there’s a high likelihood they’ll request a No Record of Marriage Certification from the New York State Department of Health. If they are willing to accept an alternative, they might allow you to submit the NYC version if you can prove that you lived in one of the five boroughs at some point. This option is usually the easiest and quickest.

The New York State Albany version currently has a processing time of 10 weeks.

If you have questions regarding how to proceed with your marriage plans in Colombia, please consult with us before informing Colombian authorities about your intention to marry there.

Questions? Call us before you make the move. Call, Text or WhatsApp Apostille Expediter Harry Otto at (914)441-2444 seven days a week. We live this business.

Notarizing Wills in New York: What White Plains Apostille & Mobile Notary Will and Won’t Do

If you need a will notarized in New York, White Plains Apostille & Mobile Notary is here to help. However, it’s important to understand the legal requirements for a valid will in New York and what our role is as notaries. Below we outline key information about the will execution process and how we can assist you.

What You Need to Know About Wills in New York Under New York’s Estates, Powers and Trusts Law (EPTL §3-2.1), for a will to be validly executed it must be:

1. In writing
2. Signed at the end by the testator (person making the will)
3. Signed in the presence of at least two attesting witnesses OR the testator must acknowledge their signature to each witness
4. The testator must declare to the witnesses that the document is their will
5. The witnesses must sign the will within 30 days

Importantly, a will does not actually require notarization to be legally valid in New York. However, most wills include a self-proving affidavit which does require notarization. This affidavit, signed by the witnesses, helps streamline the probate process later on. As the court noted in Matter of Pilon’s Will, a self-proving affidavit “creates a presumption that the will was properly executed and constitutes prima facie evidence of the facts therein attested to by the witnesses.”

How White Plains Apostille & Mobile Notary Can Help Here’s what we can do to facilitate the proper execution of your will:

1. Travel to you, at a time and place convenient for you and your witnesses, to notarize the self-proving affidavit included with most wills. We will notarize the signatures of the witnesses swearing that they properly witnessed the will execution.
2. Provide general information about the requirements for a validly executed will in New York, to ensure you don’t make common mistakes that could invalidate your will. For example, we’ll make sure:

• You have at least two eligible witnesses who are not beneficiaries (EPTL § 3-2.1)
• The witnesses view you signing the will or hear you acknowledge your signature (In re Pulvermacher’s Will)
• You declare to the witnesses that the document you’re signing is your will (In re Turell’s Will)
• The witnesses sign the will and self-proving affidavit within 30 days (EPTL § 3-2.1)

3. Notarize the self-proving affidavit signed by the witnesses at any point after the will is properly executed. It doesn’t have to happen the same day. The witnesses can appear before us later to have their signatures on the affidavit notarized. We charge a flat fee for this service, as we recognize there is always a possibility we could later be subpoenaed to testify about the will execution ceremony.

What We Won’t Do As notaries, we are not permitted to provide legal advice. Here are some things White Plains Apostille & Mobile Notary cannot do:

1. Draft or help prepare the content of your will. You should consult an estate planning attorney for assistance actually writing the will.
2. Determine if your will is legally valid beyond the aspects we directly witness during the signing and notarization. For example, we cannot assess your testamentary capacity or confirm a will isn’t the product of fraud or undue influence. As the court held in In re Kumstar’s Will, these are issues for the probate court to decide.
3. Notarize a will signing that doesn’t conform with New York law. If the required formalities under EPTL § 3-2.1 are not followed (e.g. an insufficient number of witnesses, the testator doesn’t declare the document is their will, etc.), we will not be able to notarize the self-proving affidavit as we cannot attest that the will was properly executed.
4. Offer an opinion on if your will achieves your estate planning objectives. Consult with an attorney to ensure your will disposes of your property as intended. As Matter of Andrew’s Will emphasizes, the testator’s intent is paramount and improperly drafted language can lead to will contests.
5. Guarantee your will won’t be contested. A self-proving affidavit helps facilitate the probate process but doesn’t completely insulate a will from a contest proceeding. New York law allows wills to be challenged on various grounds like lack of capacity, undue influence, fraud or forgery.

The Bottom Line In summary, White Plains Apostille & Mobile Notary can notarize a self-proving affidavit for your New York will and provide helpful information about the execution requirements, pursuant to statutes and caselaw. However, we cannot legally draft your will, assess its validity beyond what we witness, or guarantee it won’t be contested. Think of us as an optional final step in the process to make probating your will easier – but not a substitute for sound legal counsel in preparing this important document. Contact White Plains Apostille & Mobile Notary today to learn more about our convenient flat fee mobile notary services for wills!

Did you know that in New York, to prove abandonment of a spouse under the statute, the departure must be unjustified and without the consent of the other spouse? The burden to establish abandonment remains at all times upon those asserting it. (In re Maiden’s Estate, 31 N.E.2d 889, 284 N.Y. 429, 430 (1940))

Did you know that a spouse who solemnizes a ceremonial marriage to another person followed by open and continuous cohabitation and the birth of children is considered clear and convincing evidence of abandonment of the prior spouse under New York law? (In re Goethie’s Will, 161 N.Y.S.2d 785, 787, 9 Misc.2d 906, 908 (1957))

Did you know that in New York, if a spouse obtains a divorce, annulment or dissolution of the marriage in another state that is not recognized as valid under New York law, that spouse is disqualified from inheriting under intestacy from the estate of the deceased spouse? (EPTL §5-1.2)

Did you know that under New York law, once a child is legally adopted, they are treated the same as a natural born child of the adoptive parents for inheritance purposes and are cut off from inheriting from their natural parents? (Bourne v. Dorney, 171 N.Y.S. 264, 268, 184 A.D. 476, 481 (2d Dep’t 1918); DeMund v. LaPoint, 647 N.Y.S.2d 662, 665, 169 Misc.2d 1020, 1025 (1996))

Did you know that a spouse who hardens their resolve to terminate the conjugal relationship with the other spouse and establishes a continuing relationship with another person is considered to have abandoned their spouse under New York law? (Matter of Estate of Baldo, 620 N.Y.S.2d 602, 604, 210 A.D.2d 848, 850 (3rd Dept. 1994))

Did you know that under New York law, compulsory payment of child support for a short period under court order does not constitute resumption of the parental relationship for purposes of a parent inheriting from their deceased child’s estate? (Matter of Daniels’ Estate, 275 A.D. 890, 90 N.Y.S.2d 26 (4th Dep’t 1949))

Did you know that in New York, a beneficiary who murders the decedent is prohibited from collecting any inheritance from the decedent’s estate, but a mentally ill person who murders the decedent will not be disqualified from inheriting? (Riggs v. Palmer, 115 N.Y. 506, 22 N.E. 188 (1889); In re Wirth’s Estate, 59 Misc.2d 300, 298 N.Y.S.2d 565 (1969))

Did you know that under New York law, a step-child of the decedent who has not been legally adopted cannot inherit from the decedent’s estate, and the only way for a step-child to inherit is if they were formally adopted by the decedent? (In re Marquet’s Will, 178 N.Y.S.2d 783, 784, 13 Misc.2d 958, 959 (1958))

The step-by-step-step guide to obtaining an exemplified marriage license with authentication ready for apostille.

Looking to save a few dollars? You can obtain your own marriage license copy with the required authentication ready for apostille. Here are the step-by-step instructions from apostille expeditor, Harry Otto:

First, make an appointment with the New York City Marriage Bureau, located at 140 Worth Street, here:

https://clerkscheduler.cityofnewyork.us/s/RecordRoom

Second, if you’re driving, download the ParkWhiz App:



and book discounted parking here:

101 Worth Street “Foley Street Garage” for the discounted rate of $35 for 3 hours vs $55. This will generate a QR code that gets you in-and-out quick.

Third, don’t forget your ID because you’ll need to show it to gain entry and get rid of your belt and metal objects before the metal detectors. Make sure you walk in with this form filled out:

Fourth, after you obtain your long-form marriage docs with exemplification, head back out the doors and make a left to the City Clerk at 60 Centre Street. Don’t go through the front entrance. Walk along the left side of the building to the back.

This what the back entrance looks like:

They don’t take credit cards or checks. It’s $3 for the authentication “tag” and DO NOT go on Wednesday (no authentication). And don’t go between 12:30 and 2PM (lunch).

And this is what the line looks like at 2PM:

Fifth, if you have a few extra minutes make a right when you leave because you’re 2 blocks from Chinatown and a 4 minute walk from Canal Street ($45 Lois Vuitton).

That’s it. 

Want to just let us handle everything? The application process starts here: apostilleapply.com and you can call/text/WhatsApp anytime at (914)441-2444.