Detailed answer — what New York law requires and how that affects originals vs. copies

Under New York law, a will that is offered for probate must generally be the original signed document. New York law requires that a valid will be signed by the testator and witnessed by at least two subscribing witnesses. For an overview of the statutory rules on execution and attestation of wills, see New York Estates, Powers & Trusts Law (EPTL) (Article 3): https://www.nysenate.gov/legislation/laws/EPT. For practical court procedures about admitting wills, see your local Surrogate’s Court resources: https://www.nycourts.gov/courts/nyc/surrogates/.

Why the original matters: Surrogate’s Courts expect the original signed paper because the court must be able to examine physical signatures, witness attestation clauses, and whether the document was properly executed. A photocopy or digital copy generally cannot be probated unless the original is lost or destroyed and special proof is provided.

How to tell if the document you have is likely the original

• Signatures in ink: Look for original ink signatures from the testator and the witnesses. Originals commonly show variations in ink intensity, slight pen strokes, and small imperfections that photocopies do not show.
• Witness attestation clause: Check for an attestation clause signed by two subscribing witnesses. The witnesses’ actual signatures (not photocopied) are crucial.
• Paper and printing: Originals may be on distinct paper stock, sometimes with watermarks or letterhead. Copies are typically uniform and flat; originals may show indentation from pen pressure.
• Margins and attachments: Originals often have initials on margins or initialed codicils (amendments) attached and signed; copies might omit these details or show cut-off edges.
• Notarization and seals: New York does not require notarization for wills, but if a will includes a notarized self-proving affidavit, the notary’s original signature and seal will be present on the original document.
• Compare with known documents: Compare the signature(s) to other known original signatures of the testator/witnesses (e.g., checks, previous documents) to see if the ink flow and stroke match.

If you’re unsure: chain-of-custody and who last had it

Ask who had custody of the will last (attorney, safe-deposit box, the testator at home, a relative). The person holding the will can execute a sworn statement or affidavit explaining how they obtained and kept the document. A clear chain of custody builds credibility and helps the Surrogate’s Court accept the will as original.

What the Surrogate’s Court generally requires

To admit a will to probate, the Surrogate’s Court usually expects the original signed document. If you bring a will to the court, the clerk and eventually the judge or examiner will want to inspect the original document to confirm execution formalities.

What if you only have a copy?

If the original cannot be located, New York law and court practice allow proof of a lost or destroyed will in certain circumstances. You will typically need to show:

1. That the will was duly executed (proof from witnesses or other evidence that the testator signed the will and the required attestation occurred), and
2. That the original is missing because it was lost or destroyed and not because the testator revoked it.

To pursue admission of a copy, expect a hearing where the court evaluates testimony and documentary evidence. The court will weigh whether the proffered copy accurately reflects the testator’s last testamentary intent and whether the original’s absence has a satisfactory explanation. For procedural rules used by Surrogate’s Courts, see general Surrogate’s Court resources: https://www.nycourts.gov/courts/nyc/surrogates/ and consult counsel for local practice in your county.

When to involve an attorney

Contact an attorney experienced in New York probate when:

• You suspect the document is a copy or altered;
• The original cannot be found and you need to admit a copy or pursue a lost-will hearing;
• There are competing versions of a will, disputes about authenticity, or potential forgery;
• Someone else claims to hold the original, or the will was in a safe deposit box requiring a court order or joint action to access.

An attorney can help gather witness affidavits, prepare required petitions, and represent you at a Surrogate’s Court hearing.

Practical step-by-step checklist

Follow these steps when you receive a will and need to confirm it’s the original:

1. Do not alter the document. Preserve it in its current condition.
2. Examine for original ink signatures, witness signatures, attestation clauses, and any notary seals or self-proving affidavits.
3. Ask who had custody of the document and obtain a signed affidavit from that person explaining how they acquired and stored it.
4. Contact the witnesses named in the will. If available, get written statements from them confirming they witnessed the testator sign the will.
5. Search likely locations for the original (attorney’s office, safe-deposit boxes, home files, banker). If the will was kept in a safe-deposit box, check the box or get instructions from the bank about Surrogate’s Court access procedures.
6. If you cannot find the original, consult an attorney about filing for admission of a copy or a lost-will proceeding in Surrogate’s Court.
7. If you decide to file for probate and you have the original, file the original with the appropriate Surrogate’s Court in the decedent’s county of residence.

Helpful Hints

• Keep the document safe: store the original in a dry, secure place and restrain from making extra copies that could confuse chain of custody.
• Photograph the document for your records, but do not allow anyone to mark or alter the paper.
• Get witness affidavits quickly — memories fade and testimony is stronger when collected promptly.
• Don’t rely solely on a PDF or photocopy for probate. Courts expect the original except in proven lost/destroyed cases.
• If the will includes a self-proving affidavit (a notarized affidavit signed by the testator and witnesses), that makes probate smoother — find the original affidavit too.
• If someone insists they have the original, ask for a viewing in a neutral setting or get an attorney involved before transferring custody.
• When in doubt, speak with a probate attorney in the county where the decedent resided; Surrogate’s Court practice varies by county and local counsel will know local procedures.