In order to probate a will, i.e. to have it accepted by the Court as the decedent’s Last Will and Testament, New York States Surrogate’s Courts require the original Will to be turned over to the Court. What happens, however, if the original Will is lost or destroyed? Can a copy of the Will take the place of the original, or do the wishes of the decedent disappear with the original Will? What if no copy is found – is all hope lost? The answer, as always, depends on the facts.
The rules (SCPA 1407) allow for a lost or destroyed will be to be admitted to probate… [read post