More details to this question:
I have a copy of a Will where the signatures were signed /s/ and there is a stamp with the word "COPY" on it. The decedent's signature is not on it, nor the notary info is not there, but the witnesses info is there (i.e. /s/John Doe residing at 123 Main Street. Is this copy valid? Can I use it to file probate? My sibling will not show me the original.
2 ANSWERS
1 Award
The short answer is yes. However, a copy is hard to probate, especially without a copy of the signature. Better idea is to bring an administration proceeding, or there is also a proceeding to compel production of a will.
Answered on Apr 15th, 2017 at 12:36 PM
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
I'm assuming the will was for your parent and there is no surviving spouse, or another siblling who left no spouse or adult children. You cannot file a petition for letters testamentary without an original will that was properly witnessed and executed. If your sibling refuses to show you the original you can contact the attorney who prepared it if the attorney's name is on the copy or do a search in surrogates court to find out whether it's been filed. If it hasn't, and you are eligible to serve, you can file a petition for letters of administration. It's possible that the will was never signed at all.
Answered on Apr 10th, 2017 at 7:18 AM