Form P-3 - Affidavit of attesting witness
Form P-3
(Affidavit of Attesting Witness)
SURROGATE'S COURT STATE OF NEW YORK
COUNTY OF
________X
PROBATE PROCEEDING, AFFIDAVIT OF ATTESTING WITNESS
Will of (After Death)
Pursuant to SCPA 1406
a/k/a
Deceased. File No. ________
________X
STATE OF NEW YORK )
COUNTY OF ) ss.:
The undersigned witness, being duly sworn, deposes and says:
(1) I have been shown [check one]
( ) the original instrument dated ____________,
( ) a court-certified photographic reproduction of the original instrument dated ____________,
purporting to be the last Will and Testament/Codicil of the above-named decedent.
(I) [FN3] ( ____________ and I jointly and severally) undertake that defendant will appear in
(3) I thereafter signed my name to such instrument as a witness thereto at the request of the decedent and in the presence of the decedent, and I saw the other witness(es) ____________ sign his/her/their name(s) at the end of such instrument as a witness thereto.
(4) At the time the decedent subscribed and executed such instrument, the decedent was to the best of my knowledge and belief upwards of 18 years of age, and in all respects appeared to be of sound and disposing mind, memory and understanding, competent to make a will, and not under any restraint.
(5) The decedent could read, write and converse in the English language, and was not suffering from defects of sight, hearing or speech, or any other physical or mental impairment, which would affect his/her capacity to make a valid will. The purported instrument was the only copy of said Will/Codicil executed on that occasion, and was not executed in counterparts.
(6) I am making this affidavit at the request of ____________.
(Witness Signature)
(Print Name)
(Street Address)
(Town/State/Zip)
Sworn to before me this day of ________, 19________
________
Notary Public
Commission Expires:
(Affix Notary Stamp or Seal)
[Note: Each witness must be shown either the Original Will or a Court-Certified Reproduction thereof. The Notary Public subscribing to this affidavit may not be a party or witness to the Will.]
P-3 (9/96)