🔑 Due Execution of Wills in New York: The Proponent’s Burden of Proof

In a New York probate proceeding, objections to a will’s validity often begin with a challenge to due execution. At its core, due execution asks whether the will‑signing ceremony complied with the formal requirements imposed by statute.

In New York, the proponent of the will has the burden of proving that the propounded instrument was duly executed in conformance with the statutory requirements (EPTL 3-2.1(a)).

This burden applies in every probate case, regardless of whether the will appears facially regular or professionally prepared.