New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle D - Forms
Chapter VII - Surrogate's Court Forms
Subchapter A - Forms Authorized By Section 207.52
Surrogate's Forms
Form P-8 - Application and order for dispensing with testimony of attesting witness
Form P-8
(Application and Order for
SURROGATE'S COURT OF THE STATE OF NEW YORK Dispensing with Testimony
COUNTY OF of Attesting Witness)
________X
PROBATE PROCEEDING, APPLICATION TO DISPENSE WITH
Will of TESTIMONY OF ATTESTING WITNESS
(SCPA 1405)
a/k/a
Deceased. File No. ________
________X
STATE OF NEW YORK)
COUNTY OF) ss.:
____________, being duly sworn, deposes and says:
The testimony of ____________,
an attesting witness to the Will/Codicil of the above-named decedent, dated ________, 19________, offered for probate, cannot be obtained because of [ ] death [ ] absence [ ] disability [ ] inability to locate
[Explain in detail and add additional affidavit if necessary]____________
____________
Wherefore it is respectfully requested, pursuant to SCPA 1405, that the testimony of said witness be dispensed with.
Sworn to before me this ________ ________
day of ________, 19 ________ Signature
________ ________
Notary Public Print Name
Commission Expires:
(Affix Notary Stamp or Seal)
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF
________X
PROBATE PROCEEDING, ORDER DISPENSING WITH
Will of TESTIMONY OF
a/k/a ATTESTING WITNESS
Deceased.
________X
Upon reading and filing the foregoing affidavit which states why the attesting witness therein named is unable to appear in this Court, it is
ORDERED that the testimony of ____________,
as an attesting witness to the instrument offered for probate herein, is hereby dispensed with in this probate proceeding.
Dated ________, 19________ ________
P-8 (9/96) Surrogate
