Affidavit Of Attesting Witness After Death {P-3}

STATE OF NEW YORK SURROGATE'S COURT: COUNTY OF X PROBATE PROCEEDING, W ILL OF a/k/a Deceased. X STATE OF NEW YORK COUNTY OF ) ) ss.: File No. ______________________________________ AFFIDAVIT OF ATTESTING W ITNESS (After Death) Pursuant to SCPA 1406 The undersigned witness, being duly sworn, deposes and says: I have been shown [check one] ( ) the original instrum ent dated _____________________________________________________________, ( ) a court-certified photographic reproduction of the original instrum ent dated ________________________, purporting to be the last W ill and Testam ent/Codicil of the above-nam ed decedent. (2) On the date indicated in such instrum ent (under the supervision of an attorney), I saw the decedent subscribe the sam e at the place where decedent's signature appears, and I heard the decedent declare such instrum ent to be his/her last W ill and Testam ent/Codicil. (3) I thereafter signed m y nam e to such instrum ent as a witness thereto at the request of the decedent, and I saw the other witness (es) ____________________________________________________________________________________ sign his/her/their nam es (s) at the end of such instrum ent as a witness thereto. (4) At the tim e the decedent subscribed and executed such instrum ent, the decedent was to the best of m y knowledge and belief upwards of 18 years of age, and in all respects appeared to be of sound and disposing m ind, m em ory and understanding, com petent to m ake 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 m ental im pairm ent, which would affect his/her capacity to m ake a valid will. The purported instrum ent was the only copy of said W ill/Codicil executed on that occasion, and was not executed in counterparts. (6) I am m aking this affidavit at the request of _____________________________________________________. (1) ______________________________________ (W itness Signature) ______________________________________ (Print Nam e) ______________________________________ (Street Address) ______________________________________ (Town/State/Zip) Sworn before m e this day of _________________, 20_______ _________________________________ Notary Public Com m ission Expires: (Affix Notary Stam p or Seal) [Note: Each witness must be show n either the Original W ill or a Court-Certified Reproduction thereof. The Notary Public subscribing to this affidavit may Not be a party or w itness to the W ill.] P-3 (10/96) American LegalNet, Inc. www.FormsWorkflow.com