New York Law (NYLE) Practice Exam

What is required for a will to be admitted to probate?

1. The testator must sign in the presence of two attesting witnesses

2. The testator may sign or acknowledge signature in presence of witnesses

3. The two witnesses must sign in the presence of each other

4. Witnesses can sign anytime after the testator's signature

The correct answer is: The testator may sign or acknowledge signature in presence of witnesses

For a will to be admitted to probate in New York, it is essential that the testator sign or acknowledge their signature in the presence of at least two attesting witnesses. This requirement ensures that the will is executed properly and reflects the testator's intentions. The law mandates that both witnesses must witness the testator's signature or they must see the testator acknowledge their signature. This helps to verify that the testator's consent was genuine and that they were of sound mind at the time of signing. Additionally, the presence of two witnesses serves as a safeguard against potential disputes regarding the validity of the will. While the signing by the two witnesses must occur in the presence of the testator, these witnesses do not necessarily need to sign in front of each other. The timing of their signatures is also relevant; they can sign the will after the testator, as long as they do so in the presence of the testator. This underscores the flexibility afforded under New York law regarding the witnessing of wills, which is designed to facilitate the probate process while maintaining the integrity of the document.