{"jurisdiction": "us-ny", "code": "scpa", "section": "1406", "citation": "SCPA § 1406", "heading": "Proof of will by affidavit of attesting witness out of court 1", "text": ["§ 1406. Proof of will by affidavit of attesting witness out of court", "1.  In addition to other procedures prescribed for the proof of wills, any or all of the attesting witnesses to a will may at the request of the testator or after his death, at the request of the executor named in the will or of the proponent or the attorney for the proponent or of any person interested, make an affidavit before any officer authorized to administer oaths stating such facts as would if uncontradicted establish the genuineness of the will, the validity of its execution and that the testator at the time of execution was in all respects competent to make a will and not under any restraint.  The sworn statement of a witness so taken shall be accepted by the court as though it had been taken before the court, unless:", "(a)  a party entitled to process in the proceeding raises objection thereto or", "(b)  for any other reason the court may require that the witness or witnesses be produced and examined.", "2.  For the purposes of making the affidavit referred to in this section, after the death of the testator, the exhibition to the witnesses of a court-certified photographic reproduction of the will shall be deemed equivalent to the exhibition to them of the original will."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/1406", "from_official_api": true, "plain_english": "- **(1)** At the testator’s request, or after death at the request of the **named executor, proponent, proponent’s attorney, or any interested person**, any attesting witness may give an **affidavit before an officer authorized to administer oaths** proving the will’s genuineness, valid execution, and the testator’s competence and freedom from restraint. The court **must accept it like in-court testimony** unless a party entitled to process objects or the court requires the witness to appear and be examined. ★\n- **(2)** After the testator’s death, showing the witness a **court-certified photographic copy of the will** counts as showing the original.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/1406", "publisher": "Elyphived LLC"}