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What happens if the Decedent's Will cannot be found?

New York Surrogate's Court Procedures Act § 2307 provides that a lost Will is presumed to be revoked or destroyed. However, according to SCPA §1407, a lost or destroyed Will be admitted to probate only if:

1. It is established that the Will has not been revoked; and

2. Execution of the Will is proved in the manner required for the probate of an existing Will; and

3. All of the provisions of the Will are clearly and distinctly proved by each of at least two credible witnesses or by a copy or draft of the Will that is proved to be true and complete.


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