1

On page 1, #3 of the below form/link. I have the will. It has the date. There are no fields for printed names, witness, etc. It just has 2 signatures. One of the attorney and one I assume was the assistant. Has a signature for each and then "residing at" line that has city and state. I am lost on what to put in this area.

Form in question: https://www.nycourts.gov/LegacyPDFS/FORMS/surrogates/pdfs/Probate.pdf @ohwilleke

1
  • If this is the "witnesses" I cant make out the names.
    – explore99
    Jul 28 at 17:51
1

enter image description here

Your question seems to be asking about the question above. This calls for you to print the date of the Will and to print the names of the witnesses to the Will as you discern from looking at the Will document itself (there are usually two witnesses, the notary is not a witness in most cases). These are not signature lines in this portion of the form.

I have the will. It has the date. There are no fields for printed names, witness, etc. It just has 2 signatures. One of the attorney and one I assume was the assistant. Has a signature for each and then "residing at" line that has city and state. I am lost on what to put in this area.

You print the names of the two people other than the decedent who signed the document. They are the witnesses.

The next two lines apply to "Codicils" which are amendments to wills.

If there are no amendments to the Will, then those are left blank.

If there are amendments to the Will (which are called Codicils), the date of each amendment is printed where applicable, and then the printed name of the witnesses who signed that amendment to the Will are placed on the line to its right. These are determined from the face of the Codicil documents themselves. You might be referring to the language below, however.

enter image description here

The date of signing the Petition is printed once for all signers.

The client who wants to be appointed signs and prints their name in the first block if the proposed executor is a human being.

The second block, to the right of the first one, is for an individual co-executor, if any, and should be left blank otherwise.

The third block is for a proposed corporate executor, if any. The name of the corporation is printed on the first line, an officer of the corporation (e.g. its President or Vice President) signs the next line. The printed name of the corporate officer and the corporate officer's title appears on the last line. If there is no proposed corporate executor, this block is left blank.

3
  • Correct, that is the area in question. I can not print/write the names of the witnesses because on the will it is not a printed name, it is just two signatures.<br/> Meaning, I can not make out the spelling of the "witnesses" on the will. Hopefully that makes a bit of sense.
    – explore99
    Jul 28 at 18:10
  • 1
    @exploree99 "I can not make out the spelling of the "witnesses" on the will." You determine this from context and if you have no means to do so, you make your best guess. The remedy if you misspell the names is not to deny the petition, it is to issue an order stating the correct names in the course of the case.
    – ohwilleke
    Jul 28 at 18:11
  • OK and thank you. I will try and make the best sense of the names. I can not contact the attorney who did the will to even try and find out as the office closed. I will use what I have. Thanks much
    – explore99
    Jul 28 at 18:18

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.