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 1407 Proof of lost or destroyed will A lost or destroyed will may be admitted to probate only if 1

Surrogate's Court Procedure Act (SCP)

Proof of lost or destroyed will

  A lost or destroyed will may be admitted to probate only if

  1. It is established that the will has not been revoked, and

  2. Execution of the will is proved in the manner required for the probate of an existing will, and

  3. All of the provisions of the will are clearly and distinctly proved by each of at least two credible witnesses or by a copy or draft of the will proved to be true and complete.