In New York probate, it is essential to keep the staples intact on a will.
The Jefferson County Surrogate's Court states:
DO NOT REMOVE THE STAPLES FROM THE WILL WHEN MAKING COPIES BEFORE FILING WITH THE COURT.
The removal of staples may provide grounds for objection to probate. If the staples have been removed and the document re-stapled, you must provide the Court with a notarized affidavit stating why they were removed (i.e. for making copies), where the document has been kept since it was executed, and that you believe that no substitutions/changes have been made since its execution.
For a sample staple affidavit, see 🔑 NY: Sample Staple Affidavit.
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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