1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 14: Probate Proceedings; Construction of Wills; Right of Election

Section 1406 Proof of will by affidavit of attesting witness out of court 1

Surrogate's Court Procedure Act (SCP)

Proof of will by affidavit of attesting witness out of court

  1. In addition to other procedures prescribed for the proof of wills, any or all of the attesting witnesses to a will may at the request of the testator or after his death, at the request of the executor named in the will or of the proponent or the attorney for the proponent or of any person interested, make an affidavit before any officer authorized to administer oaths stating such facts as would if uncontradicted establish the genuineness of the will, the validity of its execution and that the testator at the time of execution was in all respects competent to make a will and not under any restraint. The sworn statement of a witness so taken shall be accepted by the court as though it had been taken before the court, unless:

  (a) a party entitled to process in the proceeding raises objection thereto or

  (b) for any other reason the court may require that the witness or witnesses be produced and examined.

  2. For the purposes of making the affidavit referred to in this section, after the death of the testator, the exhibition to the witnesses of a court-certified photographic reproduction of the will shall be deemed equivalent to the exhibition to them of the original will.