N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. VII, subch. A, Surrogate's Forms, form P-8 - Application and order for dispensing with testimony of attesting witness

Form P-8

(Application and Order for

SURROGATE'S COURT OF THE STATE OF NEW YORK Dispensing with Testimony

COUNTY OF of Attesting Witness)

________X

PROBATE PROCEEDING, APPLICATION TO DISPENSE WITH

Will of TESTIMONY OF ATTESTING WITNESS

(SCPA 1405)

a/k/a

Deceased. File No. ________

________X

STATE OF NEW YORK)

COUNTY OF) ss.:

____________, being duly sworn, deposes and says:

The testimony of ____________,

an attesting witness to the Will/Codicil of the above-named decedent, dated ________, 19________, offered for probate, cannot be obtained because of [ ] death [ ] absence [ ] disability [ ] inability to locate

[Explain in detail and add additional affidavit if necessary]____________

____________

Wherefore it is respectfully requested, pursuant to SCPA 1405, that the testimony of said witness be dispensed with.

Sworn to before me this ________ ________

day of ________, 19 ________ Signature

________ ________

Notary Public Print Name

Commission Expires:

(Affix Notary Stamp or Seal)

SURROGATE'S COURT OF THE STATE OF NEW YORK

COUNTY OF

________X

PROBATE PROCEEDING, ORDER DISPENSING WITH

Will of TESTIMONY OF

a/k/a ATTESTING WITNESS

Deceased.

________X

Upon reading and filing the foregoing affidavit which states why the attesting witness therein named is unable to appear in this Court, it is

ORDERED that the testimony of ____________,

as an attesting witness to the instrument offered for probate herein, is hereby dispensed with in this probate proceeding.

Dated ________, 19________ ________

P-8 (9/96) Surrogate

Notes

N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. VII, subch. A, Surrogate's Forms, form P-8