{"jurisdiction": "us-ny", "code": "nycrr", "section": "207.19", "citation": "Uniform Rules § 207.19", "heading": "Probate; filing of will; depositions; proof by affidavit", "text": ["(a) With every petition for probate of a will there must be filed the original will and a copy thereof, except in the case of lost or destroyed wills or where the Surrogate dispenses therewith or fixes a later time within which such will must be filed. With such copy there must also be filed an affidavit showing that it is a true copy of the original. If the copy be a reproduction by photographic or similar process, the affidavit shall be by one person; otherwise it shall be by the two persons who have compared the copy with the original. In a proceeding for probate of a will alleged to be lost or destroyed, the Surrogate may make such order in respect of the filing of the text thereof as he or she may deem proper.", "(b)", "(1) Unless service is by publication, a copy of the will shall be attached to all citations served and the affidavits of service of citation shall recite the service of a copy of the will.", "(2) All waivers and consents filed with the court shall recite in the body of the waiver that a copy of the will was received.", "(c) The clerk may require at least two days' notice before taking a deposition or testimony of any attesting witness. When any party is to be represented by a guardian ad litem, proponents should give notice of the time and place of taking a deposition of an attesting witness to such guardian ad litem.", "(d) In a probate proceeding where the will purports to exercise a power of appointment, a copy of the instrument creating the power of appointment must be furnished, and the petition for probate shall list those named in said instrument who are adversely affected by the probate of such will. Jurisdiction shall be acquired over such persons in the same manner as over distributees."], "official_source": "https://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court", "from_official_api": true, "plain_english": "This rule covers filing the will, serving copies of it, deposing attesting witnesses, and wills that exercise a power of appointment.\n- **(a)** Every **probate petition** must be filed with the **original will and a copy**, except for **lost or destroyed wills** or where the **Surrogate dispenses** with it or sets a **later time**. ★ An **affidavit** that the copy is **true** must accompany it: by **one person** if the copy is a **photographic or similar reproduction**, otherwise by the **two persons** who compared it with the original. ★ For a **lost or destroyed will**, the Surrogate **may** make whatever order the Surrogate deems proper about filing its text.\n- **(b)**\n  - **(1)** Unless service is **by publication**, a **copy of the will** must be **attached to every citation** served, and the affidavits of service must **recite** that it was served.\n  - **(2)** Every **waiver and consent** filed must **recite in its body** that a **copy of the will was received**.\n- **(c)** The **clerk may require at least 2 days' notice** before taking the deposition or testimony of an **attesting witness**. ★ When a party has a **guardian ad litem**, proponents **should** give that guardian notice of the **time and place** of the deposition.\n- **(d)** If the will purports to **exercise a power of appointment**, a **copy of the instrument creating the power** must be furnished, and the petition **shall list** those named in it who are **adversely affected** by probate. **Jurisdiction** over them is acquired **the same way as over distributees**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/nycrr/207.19", "publisher": "Elyphived LLC"}