New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA § 1407 [McKinney’s]). When an original will is lost, Surrogate’s Court Procedure Act (“SCPA”) § 1407 sets forth the requirements
SCPA 1407
A Flood . . . in the Basement
By Frank T. Santoro on
Posted in Probate
A recent case decided by the Richmond County Surrogate revisits the law pertaining to probating lost or damages wills. In Matter of Larsen, the decedent’s will, apparently damaged in a flooded basement to the extent that the signatures thereon were washed clean, was admitted to probate. Frank Santoro discusses the decision in our latest entry.
Continue Reading A Flood . . . in the Basement
Probate of a Lost Will
By Jaclene L. D'Agostino on
Posted in Probate
This week’s entry discusses the requirements to probate a will when the original instrument has been lost.
Continue Reading Probate of a Lost Will