Proof of lost or destroyed will A lost or destroyed will may be admitted to probate only if 1 · as in force on May 31, 2026
§ 1407. Proof of lost or destroyed will
A lost or destroyed will may 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 It is established that the will has not been revoked, and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 proved to be true and complete.
A lost or destroyed will may be admitted to probate only if it is proved not to have been revoked, its execution is proved as required for an existing will, and all its provisions are clearly proved by at least 2 credible witnesses or by a copy or draft proved true and complete. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.