Legal Question in Wills and Trusts in New York
Conformed Copy of Will
Is it possible to submit for probate a conformed copy of a will? The original has been lost by the executrix whom is also a beneficiary. The witnesses to the will cannot be found. If so, how should I proceed?
2 Answers from Attorneys
Re: Conformed Copy of Will
I agree with Rudolf that if you can establish that the conformed copy represents the last known Will, you may be able to get the Surrogate to allow a proceeding called Administration with the Will Annesxed. In the absence of this proceeding, you can apply for straight administration, but this could change the results of the Will, as the inestacy laws (laws that govern what happens when a person dies without a Will) would come into play. Thus, some people named in the Will, who are not the closest surviving relatives (spouses, children and/or grandchildren) might not get what was left to them under the Will. Contact me directly if you have any questions or need more information.
Re: Conformed Copy of Will
A lost or destroyed will may be admitted to probate, however the process is more complicated than an ordinary probate proceeding. The are several elements required one of which is that you must establish that the will has not been revoked by the testator. I suggest that you retain the services of an experienced estate attorney.