2006 New York Code - Probate Not Allowed Unless Court Satisfied



 
  § 1408. Probate not allowed unless court satisfied
    1.    Before  admitting  a  will  to  probate  the  court must inquire
  particularly  into  all  the  facts  and  must  be  satisfied  with  the
  genuineness  of  the  will and the validity of its execution.  The court
  may, however, accept an affidavit of an attesting witness in the  manner
  and under the circumstances prescribed in this article.
    2.    If  it  appears  that  the  will  was duly executed and that the
  testator at the time of executing it was in all  respects  competent  to
  make  a will and not under restraint it must be admitted to probate as a
  will valid to pass real and personal property, unless otherwise provided
  by the decree and the will and decree shall be recorded.
    3.  Where the petition alleges that the testator has disappeared under
  circumstances sufficient to justify the belief  he  is  dead  the  court
  shall  take proof of the facts.  If it appears that the testator is dead
  the court may make a decree determining such fact and admitting the will
  to probate.   The decree  shall  be  binding  in  its  effect  upon  the
  interests  in  the  estate  of  persons  under  disability and of future
  contingent interests of persons not in being as well as the interests of
  adult competent persons.

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