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N.Y. SCP Law § 1406

This is the official text of N.Y. SCP Law § 1406, part of New York’s SCP Law — part of the compiled statutory law of New York, published by the state as "SCP Law." Browse the sections below, each linked to its official government source.

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Proof of will by affidavit of attesting witness out of court 1

Official statutory text

§ 1406. Proof of will by affidavit of attesting witness out of court\n 1. In addition to other procedures prescribed for the proof of wills,\nany or all of the attesting witnesses to a will may at the request of\nthe testator or after his death, at the request of the executor named in\nthe will or of the proponent or the attorney for the proponent or of any\nperson interested, make an affidavit before any officer authorized to\nadminister oaths stating such facts as would if uncontradicted establish\nthe genuineness of the will, the validity of its execution and that the\ntestator at the time of execution was in all respects competent to make\na will and not under any restraint. The sworn statement of a witness so\ntaken shall be accepted by the court as though it had been taken before\nthe court, unless:\n (a) a party entitled to process in the proceeding raises objection\nthereto or\n (b) for any other reason the court may require that the witness or\nwitnesses be produced and examined.\n 2. For the purposes of making the affidavit referred to in this\nsection, after the death of the testator, the exhibition to the\nwitnesses of a court-certified photographic reproduction of the will\nshall be deemed equivalent to the exhibition to them of the original\nwill.\n

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.