N.Y. Surr. Ct. Proc. Act § 1408

§ 1408. Probate not allowed unless court satisfied\n 1. Before admitting a will to probate the court must inquire\nparticularly into all the facts and must be satisfied with the\ngenuineness of the will and the validity of its execution. The court\nmay, however, accept an affidavit of an attesting witness in the manner\nand under the circumstances prescribed in this article.\n 2. If it appears that the will was duly executed and that the\ntestator at the time of executing it was in all respects competent to\nmake a will and not under restraint it must be admitted to probate as a\nwill valid to pass real and personal property, unless otherwise provided\nby the decree and the will and decree shall be recorded.\n 3. Where the petition alleges that the testator has disappeared under\ncircumstances sufficient to justify the belief he is dead the court\nshall take proof of the facts. If it appears that the testator is dead\nthe court may make a decree determining such fact and admitting the will\nto probate. The decree shall be binding in its effect upon the\ninterests in the estate of persons under disability and of future\ncontingent interests of persons not in being as well as the interests of\nadult competent persons.\n