If a person dies without a will, that person is said to have died intestate, and property will be distributed according to the laws of the state where the person resided. The testator must be free from fraud or duress, and the proper formalities must be observed. These formalities vary from state to state but usually require a will be in writing, signed by the testator, and properly witnessed. Most states require two or three witnesses to sign the will. Beneficiaries should not act as witnesses, as this may void their share of the estate.
Holographic wills are wills handwritten and signed but unwitnessed.
A majority of states, including New York, do not recognize holographic wills, except for members of the military under certain circumstances. Limitations on Disposing of Property by Will - There are restrictions on the manner in which a maker of a will may dispose of property. The maker of a will may not dispose of property in such a way as to be against public policy, defeat the rights of creditors or defeat a spouse's rights. A surviving wife or husband has a right to receive a certain portion of the estate of the deceased spouse. Most people should consult an attorney to be sure they are executing a valid will.