SURROGATE222S COURT OF THE STATE OF NEW YORK � COUNTY OF � � � XPROBATE PROCEEDING, � � APPLICATION TO DISPENSE WITHWILL OF � � TESTIMONY OF ATTESTING WITNESS � � (SCPA 1405)a/k/a � � � � � � � Deceased. � � X � File No. � STATE OF NEW YORK � � ) COUNTY OF � � ) � ss.: � � , being duly sworn, deposes and says:The testimony of � an attesting witness to the Will/Codicil of the above-named decedent, dated � , � , offered for probate, cannot be obtained because of � death � absence � � disability � inability to locate. � � � � � � � � � � � � � � � Wherefore it is respectfully requested, pursuant to SCPA 1405, that the testimony of said witness be dispensed with.Sworn to before me this � day of , 20 � � � Signature � � � Print NameNotary Public: � Commission Expires: � � � � � American LegalNet, Inc. www.FormsWorkFlow.com SURROGATE222S COURT OF THE STATE OF NEW YORK � COUNTY OF � � � XPROBATE PROCEEDING, � � ORDER DISPENSINGWILL OF � � WITH TESTIMONY OF � � ATTESTING WITNESSa/k/a � � � � � � � Deceased. � � X � File No. � � � � � � � � � � � � � � � � � � � � � this Court, it is � ORDERED that the testimony of � , as an attesting witness to the instrument offered for probate herein, is hereby dispensed with in this probate proceeding.Dated � , � 20 � � � � SurrogateP-8 (10/96) American LegalNet, Inc. www.FormsWorkFlow.com