What's happening
This bill reduces the will safekeeping fee from $45 to $20 and requires wills to be filed with the court within 120 days.
Why it matters
Lowering the will safekeeping fee from $45 to $20 could make the process more accessible. , especially for individuals with limited financial resources or for those who might otherwise avoid formal legal protections due to cost.
Mandating the filing of wills with the court within 120 days introduces a clear timeline. , which can help prevent disputes, loss, or destruction of wills, offering greater certainty that a decedent’s wishes are preserved and recognized.
The law explicitly states that failure to file a will within the 120-day window does not automatically make it unenforceable. , reducing the risk that minor procedural errors could invalidate someone’s final wishes, while still encouraging timely and organized estate planning.
By standardizing both the fee and filing requirement, the bill aims to promote consistency across New York counties. , minimizing confusion for attorneys and individuals managing estates and potentially streamlining court administration.
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Who cares
People making wills
The bill would require filing wills for safekeeping with a court in a county where the testator is domiciled, beginning 120 days after the provision takes effect.
Surrogate’s courts
Courts would receive required will filings, with the safekeeping fee reduced from $45 to $20 and their authority to reduce or waive it preserved.
Estate planning attorneys
Attorneys would need to account for the filing requirement while advising that failure to file alone would not make an otherwise compliant will unenforceable.
Headline styles
Lower Will Filing Fees
Plain English, a few words. Used as the page title.
Sponsors
12 Co-sponsors
2 Multi-sponsors
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8460
2017-2018 Regular Sessions
IN ASSEMBLY
June 16, 2017
Introduced by M. of A. SIMON -- read once and referred to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act and the estates, powers and trusts law, in relation to the filing of wills for safekeeping
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (v) of subdivision 9 of section 2402 of the surrogate's court procedure act, as amended by section 30 of part J of chapter 62 of the laws of 2003, is amended to read as follows: (v) a will for safekeeping pursuant to section 2507 of
this act except that the court in any county may
reduce or dispense with such fee ..................[45.00] 20.00
§ 2. Paragraph a of section 3-2.1 of the estates, powers and trusts law is amended by adding a new subparagraph 5 to read as follows:
(5) One hundred twenty days after the effective date of this subparagraph, such will shall be filed with the court of any county in which the testator is a domiciliary, pursuant to section twenty-five hundred seven of the surrogate's court procedure act; provided, however, that a will which satisfies all other requirements of this section shall not be deemed unenforceable solely for the failure to file such will pursuant to this subparagraph.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13157-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.