Is your New York Will probatable? 5 step review.
These 5 steps will help you evaluate the condition of your Will and aid you in assessing whether or not there could be issues having your Will admitted to probate after your passing. New York is extremely strict following rigid formalities when determining a Will's validity.
Is your Will stapled?If your Will has been unstapled or there are pages missing, the Surrogates court (the proper venue for admitting Wills to private and administering estates) may raise questions aa to the validity of your Will.
Are you submitting an original Will?New York surrogates court typically only admit original Wills for probate. Copies raise questions as to the location of the original. For example, if the testator (person making the Will) was known to possess the original but.the original can't be located, the Will is presumed revoked under New York law. The burden of proof is then on the proponent of the Will to prove otherwise-not something that can always be accomplished.
Step 3. Does your Will have 2 notarized witness signatures?
Step 4. Does your Will have an attestation affidavit wherein the witnesses attest to certain facts such as the Will maker's capacity?
Step 5. Are there any markings on the text or on margins? ink deletions or notes mau result in invalidation a segment or even an entire Will.