Legal Question in Wills and Trusts in New York

Re: Will without witnesses

You can request that the court dispense with the witnesses testimony.

You will have to say why they are not available. The will then can be proved otherwise, by handwriting witnesess, etc.

There is a form for the above on the Surrogate court web-site.

Re: Will without witnesses

I am presuming that the document does not qualify as a "self-proving" Will; which is one formally notarized at the time of execution, containing the required self-proving loanguage. You have several options: (A) if someone else was present and saw the Will executed, but was not a witness who signed it, some Surrogates allow that person to prove the Will, (B) apply for Administration with the Will annexed, which is a form of Administration but allows the person appointed to carry out the terms of the Will, or (C) if nothing will change in the distribution of assets as provided in the Will, under the intestacy laws (laws governing what happens when a person dies without a Will), do not probate the document, just apply for plain administration. B and C may be more costly, as usually either form of administration requires bonding of the person appointed. If you have any questions, contact me directly.