FastCounsel

Detailed Answer

Locating Original Wills and Codicils

Under New York law, attorneys who draft wills must deposit the original document with the county surrogates court within 90 days of execution (EPTL A7 3-2.1). To locate an original will or codicil:

• Contact the Surrogates Court in the county where the decedent resided at death. Courts maintain an index of wills filed for safekeeping.
• Reach out to the decedents estate planning attorney. Many attorneys keep client originals in secure offices.
• Check with banks for safe deposit box arrangements. A court order may be required to open the box.
• Search the decedents personal files and home office. Original documents often reside in locked filing cabinets or fireproof safes.

Verifying Authenticity Before Opening Probate

Before submitting for probate, confirm that you have a valid original. Courts will not accept photocopies or digital scans. Steps to verify:

• Ensure the document bears the decedents signature and at least two witness signatures, per EPTL A7 3-2.1.
• Look for a self-proving affidavit attached to the will. A self-proving affidavit signed by witnesses under oath negates the need for live witness testimony at probate.
• Confirm there are no subsequent codicils or later wills. Review records or search court indices for multiple filings.
• If in doubt, petition the Surrogates Court for an order to determine validity. The court may examine handwriting, witnesses, and execution formalities.

Steps to Open Probate Once Verified

1. Obtain a certified copy of the original will from the Surrogates Court.
2. Prepare and file a probate petition, including the will and self-proving affidavit.
3. Notify all statutory heirs and beneficiaries as required by EPTL A7 3-2.2.
4. Pay the probate filing fee and submit any required bond.

Helpful Hints

• Keep copies of the wills index entry when you discover it in court.
• Document every repository you search, even if no document is found.
• Use certified mail when notifying heirs to create a clear paper trail.
• Consider a short inventory of all documents found in safe deposit boxes.
• Maintain organized records of all communications with attorneys, banks, and courts.