October is one of the most reliable moments of the year to look at your estate plan. The leaves are turning, the long summer of change has ended, and you can actually think clearly about who has the right to speak for you, who is named in your documents, and whether a signed document sitting in a drawer still matches your life. If you are in New York, that review almost always comes back to the same three questions: Do my will and related documents still meet the state’s execution rules? When was the last time I had an acknowledgment or a self-proving affidavit properly notarized? And can I actually complete part of that process remotely through a NYS Remote Online Notary (RON)?
This post is a practical checkup written from the perspective of a New York State Remote Online Notary. It is a companion to a prior post on small estate affirmations, where we talked about skipping probate with a notarized SCPA Article 13 form. This one goes back to the starting line: the will itself, what “valid execution” means in New York, and where notarization sits inside the larger estate plan.
Why October specifically
In the Northeast, the shift out of summer signals a different kind of administrative season: end-of-year reviews, insurance renewals, tax-planning conversations, and the annual “what have I forgotten” sweep of important documents. Estate planning rides on that same cycle because a will is not a one-time artifact. It is a living document that should track major life events. A 2026 checkup should explicitly test whether your plan reflects the last eighteen months of change: whether a beneficiary died, whether you got married or divorced, whether you added a child, whether you moved into a different state, whether a trust was funded, or whether a power of attorney was replaced.
The reason for the urgency is that New York does not have a single “update your will by the end of the year” deadline. Instead, the law is built around a short window after death: the personal representative or an interested person must file the will with the Surrogate’s Court within 30 days of the decedent’s death, or explain why it was not filed. That means the cost of waiting often shows up after you have passed away, in the form of a probate petition, an accounting, and a court-supervised process that takes time and money.
October is also a good month to reconcile the will with the other pieces of the plan. In New York, the will is usually the core document that names the executor and lists your assets and beneficiaries, but it works alongside a durable power of attorney, a healthcare proxy, and, if you have one, a revocable trust. The notary’s job is not to evaluate whether your plan is good for you. The notary’s job is to verify that the formalities of signing and witnessing were done correctly, so the document can be relied on later.
What “valid” means for a New York will
Before we can talk about what a notary can and can not do, we need a quick refresher on the formal requirements for a will in New York. A valid will is a written document, signed by the testator (the person making the will), and witnessed by at least two attesting witnesses who sign in the presence of the testator. The witnesses must sign at the request of the testator, and their signatures must be placed at the end of the will. New York also permits a holographic will, which is a handwritten and signed document by the testator, without the two-witness requirement, but that is the narrow exception.
The practical reason the formality matters is that probate is the process by which the court confirms that the will was executed correctly. A will that is properly signed and witnessed is easier to admit to probate. A will with a missing signature, a witness who was not actually present, or a witness who was also a beneficiary can create disputes, delays, and extra costs. The self-proving affidavit, which we discuss next, is the tool that makes the “proper execution” question easier to answer in court.
The self-proving affidavit: where the notary really fits in
A self-proving affidavit is a sworn statement signed by the testator and the two witnesses before a notary, confirming that the will was executed with the required formalities. In New York, the SCPA provides for a self-proving affidavit, and it is the mechanism by which the court can rely on the affidavit instead of having to locate and interview the witnesses later. If a will is self-proved, the probate process can move forward without the logistical and sometimes emotional burden of tracking down witnesses who may have moved or passed away.
The checkup question, then, is: Did you sign a self-proving affidavit when you signed your will? If you only signed the will in front of two witnesses but did not also sign the affidavit in front of a notary, you have a valid will but not a self-proved one. That is still legally sufficient, but it makes the probate process harder. The fix is simple: you can execute a new will, or you can create a self-proving affidavit for an existing will if the circumstances allow, but the cleanest path for most people is to make sure the next time you update your will, you include the self-proving affidavit in the same signing.
This is where the RON angle becomes useful. A New York RON can complete a self-proving affidavit remotely, with the testator appearing before the notary via an approved audio-visual platform, as long as the underlying document is eligible for remote notarization and the platform and notary meet the statutory requirements. So if you have an existing will and your witnesses are in different locations, you can often complete the self-proving affidavit without flying everyone to the same room.
What your notary can do for you
Let us be very specific about the “can” list, because it is shorter than most people think. A notary, including a NYS Remote Online Notary, can perform three core acts that matter for a will:
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Administer an oath or affirmation. When you sign an affidavit, a declaration, or a certification, the notary administers the oath, confirms your identity, and records the act. For a self-proving affidavit, the notary is the person who confirms that the testator and the witnesses are who they say they are and that the signatures are made knowingly and voluntarily.
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Take an acknowledgment. An acknowledgment is a separate act from an oath. Instead of swearing that the document is true, the signer acknowledges that they signed the document and that it is their act and deed. For a will, the relevant “acknowledgment” is the statement that the testator is the person named in the will and that they signed it in the presence of the witnesses.
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Certify a document’s execution. The notary’s certificate records the date, the signer’s name, the fact that the signer appeared before the notary, and the notary’s own signature and seal. For RON acts, the electronic record is retained for a minimum of 10 years, which is the same as the in-person journal requirement.
So, if your will requires a self-proving affidavit, the notary can complete that act remotely. If your will is already signed and you want to make it self-proved, the notary can complete the affidavit. If you are creating a new will, the notary can be part of the signing ceremony for the self-proving component. That is the full scope of the notary’s role for a will.
What your notary cannot do for you
Now the “cannot” list, which is longer and more important. A notary, even a highly experienced RON, cannot:
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Draft your will. The notary does not choose your beneficiaries, does not decide how your assets should be divided, and does not write the language of your will. That is the work of an estate planning attorney. If you hand a notary a blank page and ask them to “write up my will,” that is not a notarization, and it is not a legal drafting service.
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Choose your beneficiaries. The notary does not have opinions about who should inherit your house, your retirement accounts, or your life insurance. If you want to change your beneficiaries, you need to talk to an attorney or use a will-preparation service that is coordinated with the notary signing.
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Update your will after it is signed. A notary can notarize a new will, but a notary cannot amend an existing will. If you want to change a provision, you need to create a new will or a codicil, and then have the new document notarized. The old will is not “edited” by the notary.
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Interpret your will. The notary does not tell you what a clause means, does not explain whether a bequest is enforceable, and does not advise you on whether your will is consistent with your trust or your power of attorney. Those are questions for your attorney.
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Confirm that your will is “valid” in the abstract. A notary confirms that the signing happened with the required formalities. They do not confirm that the testator had the mental capacity to make a will, that there was no undue influence, or that the will meets every other legal requirement. Those are the questions the probate court will answer if there is a dispute.
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Notarize a will that is already signed but not in the notary’s presence. The notary must see the signer sign the document. If you have a will that was signed last year and you want to make it self-proved, you need to sign the self-proving affidavit in front of the notary, not just bring in the already-signed will and have the notary stamp it.
The RON layer: how a New York Remote Online Notary helps
Once you understand the “can” and “can not” lists, you can see where the RON adds value. A traditional in-person notary requires you to be in the same room, which can be a dealbreaker if you are traveling, if your witnesses are in different states, or if you are coordinating a signing across time zones. A NYS RON removes the geographic constraint: you appear before the notary via an approved audio-visual platform, and the notary verifies your identity, administers the oath or takes the acknowledgment, and signs the electronic certificate.
The practical implications for an October checkup are:
- Speed and convenience. You can schedule a RON session at a time that works for everyone, including witnesses who are out of state. No one has to take a day off work to meet at a notary office.
- Reduced friction for multi-state families. If your witnesses live in different states, a RON makes it easier to complete the self-proving affidavit without requiring everyone to be in New York.
- Record retention. The RON platform retains the audio-visual recording of the session and the electronic record, which is available for the required retention period (10 years). This is a stronger audit trail than a paper journal, which is especially useful if the self-proving affidavit is ever challenged in probate.
- Clearer compliance. Because the RON process is governed by specific statutory and regulatory requirements, the notary’s electronic certificate is a reliable signal that the act was performed in accordance with the law. If the certificate is missing or the act was performed incorrectly, the will may still be valid, but the probate process becomes harder.
The RON is not a replacement for the attorney. It is the tool that makes the notary’s part of the estate plan easier to complete, especially when the other parts of the plan (the will, the trust, the power of attorney) have already been drafted.
The 30-day filing deadline: the part most people forget
Here is the detail that turns a routine October checkup into a real estate-planning milestone. New York’s probate rules require that a will be filed with the Surrogate’s Court within 30 days of the testator’s death, or the personal representative (or the person who has the will) must file a statement explaining why it was not filed on time. That 30-day window is short, and it starts the clock on the probate process.
The reason this matters for your October checkup is that you want the will to be in the right place, signed correctly, and accompanied by a self-proving affidavit, so that when the 30-day clock starts, your executor does not have to scramble to find the original, to track down the witnesses, or to explain why the will was not filed on time. A clean, self-proved will that is stored in a known location with a clear inventory of where the original is reduces the administrative burden on the people who have to deal with it.
If your will is not self-proved, the 30-day window is still the same, but the work of getting the will into probate is harder. You have to locate the witnesses, confirm that they were present when the will was signed, and get their affidavits signed. That is a logistical headache that a self-proving affidavit eliminates.
A simple October checklist
Here is the checklist I would recommend for a NYS resident doing an October estate-plan checkup:
- Locate the original will. Confirm where the original signed will is stored. If it is in a safe deposit box, confirm that your executor has access. If it is at home, confirm that the location is known to the people who will need it.
- Confirm the will is self-proved. Look for the self-proving affidavit page at the end of the will, signed by the testator, the two witnesses, and a notary. If it is missing, plan to create one the next time you update the will, or create a separate self-proving affidavit if the circumstances allow.
- Check the other documents. Confirm that your durable power of attorney and healthcare proxy are also signed, notarized where required, and stored in the same location as the will. The “notary” part of the checkup is not just about the will. It is about making sure all the documents in your plan are properly executed.
- Update the beneficiary designations. Confirm that your life insurance policies, retirement accounts, and payable-on-death accounts have the right beneficiaries named. These do not go through probate, but they still need to be updated as your life changes.
- Confirm the RON pathway is available. If you want to complete the self-proving affidavit remotely, confirm that the RON platform you plan to use is approved under New York’s RON requirements and that the notary you are working with is commissioned for RON acts.
- Make a note of the 30-day deadline. Remind your executor that the will has to be filed with the Surrogate’s Court within 30 days of your death. That is a hard deadline, and it is the single most important administrative step in the probate process.
A note on the new Electronic Wills Act
If you have heard about New York’s new Electronic Wills Act, you may be wondering whether you should create an electronic will instead of a paper one. The short answer is: not yet. The Act was signed into law in December 2025, but it does not take effect until December 12, 2027. That means you have roughly two years to wait and see how the law is interpreted, how the 30-day filing requirement is implemented, and whether the self-proving affidavit rules are clarified.
The practical guidance for an October 2026 checkup is to keep your current paper will in place, make sure it is self-proved, and then revisit the question of an electronic will once the Act is in force. If you do create an electronic will, you will need to follow the new rules for remote witnessing, electronic signatures, and the mandatory court filing, which is a different set of requirements from the current RON rules for self-proving affidavits.
For now, the RON is still the tool you can use to complete the notarial part of your existing will, and it is the tool that makes it easier to keep your estate plan up to date without having to coordinate an in-person signing.
Final thoughts
The October checkup is not about finding a problem with your will. It is about confirming that the document you signed two or five or ten years ago still matches the life you are living today, and that the formalities of signing and witnessing were done correctly so that the document can be relied on later. The notary’s role in that process is narrow but essential: they verify identity, they confirm that the signing was done knowingly and voluntarily, and they create the certificate that makes the self-proving affidavit credible in probate.
So, if you are doing your annual estate-plan sweep this October, make sure the notary is part of the conversation. Confirm that your will is self-proved, confirm that the RON pathway is available if you want to complete the signing remotely, and confirm that the 30-day filing deadline is on your executor’s radar. Those three confirmations are the difference between a smooth probate process and a scramble to locate witnesses and explain why the will was not filed on time.
Disclaimer: This post is provided for general informational purposes only and does not constitute legal advice or a solicitation of any particular matter. Individual circumstances vary, and the specific requirements for your will, trust, or other estate-planning documents may differ. Consult a qualified New York estate-planning attorney for guidance on drafting, updating, or executing your documents, and confirm the current RON and probate requirements with the New York Department of State or the Surrogate’s Court before relying on any specific process.