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This entry was published on 2014-09-22
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Probate not allowed unless court satisfied 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 14
§ 1408. Probate not allowed unless court satisfied

1. Before admitting a will to probate the court must inquire
particularly into all the facts and must be satisfied with the
genuineness of the will and the validity of its execution. The court
may, however, accept an affidavit of an attesting witness in the manner
and under the circumstances prescribed in this article.

2. If it appears that the will was duly executed and that the
testator at the time of executing it was in all respects competent to
make a will and not under restraint it must be admitted to probate as a
will valid to pass real and personal property, unless otherwise provided
by the decree and the will and decree shall be recorded.

3. Where the petition alleges that the testator has disappeared under
circumstances sufficient to justify the belief he is dead the court
shall take proof of the facts. If it appears that the testator is dead
the court may make a decree determining such fact and admitting the will
to probate. The decree shall be binding in its effect upon the
interests in the estate of persons under disability and of future
contingent interests of persons not in being as well as the interests of
adult competent persons.