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History
- Referred to judiciary
- Referred to judiciary
Companion bill
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Establishes a registry of wills and codicils
In Assembly Committee · Judiciary · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S808
Title of bill
An act to amend the surrogate's court procedure act, in relation to establishing a registry of wills and codicils
Purpose
To establishing a registry of wills and codicils.
Summary of provisions
This bill adds a new section 2509 to the Surrogate's Court procedure act to require each county Surrogate to establish and maintain a registry of wills and codicils executed in such county. Such registry shall be available for public inspection and shall include the following information: (a) the name of the testator or testatrix; (b) the date on which such will or codicil was executed; (c) if a codicil, the date of execution of the will such codicil amends; and (d) the physical address at which such will or codicil is located.
Under the Bill, upon the execution of any will or codicil, the attorney for the maker of the will or codicil shall, within ten (10) days after its execution, deliver to the Surrogate Court the information set forth above. Such information may be delivered by mail or electronic means.
The Bill requires the Surrogate Court to maintain the format and content of the will registry on a computerized data base, which shall be updated at least monthly. The Court shall provide public access to the computerized data base in a manner that allows individuals to search the registry by name, date or address.
Nothing in the Bill shall be construed to require any testator or testatrix to file a will or codicil upon its execution nor shall any will or codicil be deemed null, void or otherwise without effect due to the failure to file.
Existing law
Currently there is no will and codicil registry established in the surrogate Courts nor is there an obligation upon attorneys to file their client's wills and codicils with the Court. However, many Surrogate Courts permit the voluntary filing of wills with the Court for safe keeping.
Justification
In many cases, upon the death of an individual, the decedent's family and attorney (if said attorney was not the preparer of the will) are unable to locate the decedent's most recent will. This Bill, would begin to alleviate that problem by requiring the attorney for the maker of a will or codicil to file a form with the
Surrogate Court indicating, among other things, the physical address at which such will or codicil is located.
This Bill does not require that the will or codicil be placed with the Surrogate Court. Nor would it change the practice of Surrogate Courts permitting the voluntary filing of wills with the Court for safe keeping. Moreover, this Bill not only applies to the attorney for the maker of the will or codicil and not to the maker himself. An individual who prepares his/her own will without the assistance of an attorney would not be subject to the provisions on the Bill.
Legislative history
2009-10: S.240 2007-08: S.659 2005-06: S.1476 2003-04: S.1164 2001-02: S.7277
Effective date
Ninetieth day after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.