Record of wills in former courts of probate; evidence The exemplification of the record of a will proved before the judge of the former c... · as in force on May 31, 2026
§ 1423. Record of wills in former courts of probate; evidence
The exemplification of the record of a will proved before the judge of the former court of probate and recorded in his office before January 1, 1785, certified under the seal of the officer having custody of the record, shall be admitted in evidence in any case after it has been made to appear that diligent and fruitless search has been made for the original will.
A sealed, certified copy of a will record from the former court of probate, recorded before January 1, 1785, is admissible only after a diligent but unsuccessful search for the original will is shown. ★
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.