N.Y. Comp. Codes R. & Regs. tit. 22 § 207.19

Current through Register Vol. 46, No. 51, December 18, 2024

Section 207.19 - Probate; filing of will; depositions; proof by affidavit

(a) With every petition for probate of a will there must be filed the original will and a copy thereof, except in the case of lost or destroyed wills or where the Surrogate dispenses therewith or fixes a later time within which such will must be filed. With such copy there must also be filed an affidavit showing that it is a true copy of the original. If the copy be a reproduction by photographic or similar process, the affidavit shall be by one person; otherwise it shall be by the two persons who have compared the copy with the original. In a proceeding for probate of a will alleged to be lost or destroyed, the Surrogate may make such order in respect of the filing of the text thereof as he or she may deem proper.

(b)

(1) Unless service is by publication, a copy of the will shall be attached to all citations served and the affidavits of service of citation shall recite the service of a copy of the will.

(2) All waivers and consents filed with the court shall recite in the body of the waiver that a copy of the will was received.

(c) The clerk may require at least two days' notice before taking a deposition or testimony of any attesting witness. When any party is to be represented by a guardian ad litem, proponents should give notice of the time and place of taking a deposition of an attesting witness to such guardian ad litem.

(d) In a probate proceeding where the will purports to exercise a power of appointment, a copy of the instrument creating the power of appointment must be furnished, and the petition for probate shall list those named in said instrument who are adversely affected by the probate of such will. Jurisdiction shall be acquired over such persons in the same manner as over distributees.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.19