Online will kits are cheap and fast, and for a narrow set of Brooklyn residents they are genuinely fine. For many others, a DIY document quietly fails at the worst possible moment — when no one can ask the signer what they meant. This checklist helps you locate yourself honestly on the spectrum.
Checklist 1: Can your DIY will even be executed correctly?
New York imposes strict execution formalities under EPTL 3-2.1. A will must be signed at the end by the testator, in the presence of (or acknowledged to) at least two witnesses, who then sign within thirty days of each other, with the testator declaring the document to be a will. A printed form does not save you if the signing ceremony is botched. Many DIY wills die not on their wording but on their execution.
Checklist 2: Is your estate genuinely simple?
DIY tools assume a tidy fact pattern. Reasonable candidates often have:
- A modest estate well under New York’s 2026 estate tax exclusion of $7,350,000
- No minor children needing guardianship and trust provisions
- No blended family or anticipated contests
- No special-needs beneficiary
- Straightforward assets, mostly with beneficiary designations
If even one of these does not describe you, the savings from DIY shrink fast against the risk.
Checklist 3: Watch the Brooklyn real estate trap
This is the single most common DIY failure here. A brownstone or co-op bought decades ago in Bedford-Stuyvesant or Sunset Park may now dominate the estate and push it toward New York’s estate tax cliff — roughly $7,717,500 in 2026, above which the entire exclusion is lost. Online software does not flag this. It also cannot advise on whether a co-op’s proprietary lease and board approval complicate transfer at death.
Checklist 4: Does your plan need more than a will?
Most DIY kits produce a will and stop. A will guarantees probate in Kings County Surrogate’s Court (under the SCPA), which takes time and is public. Tools an attorney routinely adds:
- A revocable living trust to avoid probate (note: under EPTL Article 7 it offers no estate tax saving)
- An irrevocable trust for tax planning or the five-year Medicaid look-back
- A supplemental needs trust (EPTL 7-1.12) for a disabled beneficiary
- A statutory power of attorney (GOL 5-1513) and health care proxy (PHL Article 29-C) — the documents that matter while you are alive
Checklist 5: Account for the cost of getting it wrong
DIY saves money up front. The hidden costs land on your family: a will rejected for defective execution, an unintended intestacy distribution under EPTL Article 4, a litigated contest, or a six-figure estate tax bill triggered by the cliff. These corrections cost far more than the original plan would have.
The honest middle ground
The choice is not all-or-nothing. A truly simple estate with no real property complications may be served by a careful DIY will plus correct execution. Anyone with Brooklyn real estate, minor children, a blended family, or anything near the tax cliff should treat DIY as a false economy.
Consult a New York Attorney
Whether DIY fits depends on your specific assets, family, and the exact execution of your documents. Before relying on a self-made will, have a qualified New York estate attorney familiar with Kings County review your situation. This article is general information, not legal advice.
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