New York § 1406 Proof of will by affidavit of attesting witness out of court 1

New York Statutes

§ 1406 — Proof of will by affidavit of attesting witness out of court 1

New York § 1406

Law SCPSurrogate's Court Procedure

Art. 14Probate Proceedings; Construction of Wills; Right of Election

This text of New York § 1406 (Proof of will by affidavit of attesting witness out of court 1) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Surrogate's Court Procedure § 1406 (2026).

Text

§ 1406. Proof of will by affidavit of attesting witness out of court\n  1.  In addition to other procedures prescribed for the proof of wills,\nany or all of the attesting witnesses to a will may at the request of\nthe testator or after his death, at the request of the executor named in\nthe will or of the proponent or the attorney for the proponent or of any\nperson interested, make an affidavit before any officer authorized to\nadminister oaths stating such facts as would if uncontradicted establish\nthe genuineness of the will, the validity of its execution and that the\ntestator at the time of execution was in all respects competent to make\na will and not under any restraint.  The sworn statement of a witness so\ntaken shall be accepted by the court as though it had been taken before\

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§ 1406. Proof of will by affidavit of attesting witness out of court\n 1. In addition to other procedures prescribed for the proof of wills,\nany or all of the attesting witnesses to a will may at the request of\nthe testator or after his death, at the request of the executor named in\nthe will or of the proponent or the attorney for the proponent or of any\nperson interested, make an affidavit before any officer authorized to\nadminister oaths stating such facts as would if uncontradicted establish\nthe genuineness of the will, the validity of its execution and that the\ntestator at the time of execution was in all respects competent to make\na will and not under any restraint. The sworn statement of a witness so\ntaken shall be accepted by the court as though it had been taken before\nthe court, unless:\n (a) a party entitled to process in the proceeding raises objection\nthereto or\n (b) for any other reason the court may require that the witness or\nwitnesses be produced and examined.\n 2. For the purposes of making the affidavit referred to in this\nsection, after the death of the testator, the exhibition to the\nwitnesses of a court-certified photographic reproduction of the will\nshall be deemed equivalent to the exhibition to them of the original\nwill.\n