Restricts certain access to records kept by the surrogate's court

4 Co-sponsors

• Eric Adams
• Ruben Diaz
• Thomas K. Duane
• Shirley L. Huntley

Title of bill

An act to amend the surrogate's court procedure act, in relation to restricting certain access to records kept by the court

Purpose

To prevent mourning survivors from being harassed by vendors.

Summary of provisions

This legislation amends Section 1, subdivision 8 of section 2501 of the surrogate's court procedure act. Persons wishing to examine open surrogate's court records will be required to fill out a form stating that the records will not be used for a business or commercial purpose. The form will require disclosure of the person's name, address, telephone number and purpose of such inspection. Such person will be required to agree, under penalty of perjury, that any information obtained from such books and records will not be used for business or commercial purposes. It also provides that such person or agent will not contact any member of a decedent's family or any beneficiaries of a decedent except for claims and entitlements directly related to the decedent's estate. The completed forms will be retained by the court.

Justification

Persons who have recently lost loved ones have become the victims of bothersome and upsetting phone calls and letters from private investors who are eager to purchase property left to the family through the estate or to sell items to survivors. These investors had obtained their information from the surrogate's court open records. Although the court does not give out phone numbers, it is not difficult for the investors to get this information once they have the other information provided by the court records. It is unconscionable that grieving family members should be harassed in this way. This legislation will reduce or eliminate this practice as, under penalty of perjury, the investors will be prohibited from contacting the decedent's family except for claims or entitlements relating to the estate.

Legislative history

This bill was previously introduced.

Fiscal implications

There will be minimal cost to the surrogate's court to maintain the records.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become law; provided, however, effective immediately, the addition, amendment and/or repeal of any rules or regulations and the production of forms necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.