However, best practice for will execution is to have the Will signed in front of two witnesses and then have the witnesses sign an Affidavit (which is notarized), attesting that everything was done that needed to be done. In New York the legal requirement is that it be “signed in front of two witnesses”. Did the witnesses execute a “witness affidavit”? A will does not have to be notarized. – In the possession of another family member. I’ve done this quite a few times, usually when I am concerned that an angry relative might get access to the decedent’s Will and destroy it. Many lawyers don’t know a Will can be filed with the Court while a person is alive. What if they died? Moved? Were disbarred? Lost it? (I’ve encountered all of these!) Anyway, sometimes we have to extract the Will from the drafting attorneys, and sometimes issues arise. It’s kind of an old school hostage thing, as it increases their chance of getting the probate work. I don’t generally hold original Wills, but many attorneys do. Getting it out after the person has died may take some legal work, but if the Will might be there we have to look. If the decedent has one, sometime the Will is in there. When we don’t have the original, serious efforts must be made to locate the original.
Copies can be probated, but it is much harder and more expensive.
This is very important, and quite frequently clients come for an appointment and all they have is a copy. Does the Executor have the ORIGINAL Will. When looking at a probate proceeding, a few basic elements will determine how simple or complicated the proceeding is going to be.ġ. The Court then grants “Letters Testamentary” to the Executor, giving the appointed person authority to act. When we “probate” a Will, we are having the Court recognize it as official and proper.
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