NY State Senate Bill 2015-S2489

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Jan 26, 2015	referred to judiciary

2015-S2489 (ACTIVE) - Details

See Assembly Version of this Bill:: A3550
Current Committee:: Senate Judiciary
Law Section:: Surrogate's Court Procedure Act
Laws Affected:: Add §2510, SCPA
Versions Introduced in Other Legislative Sessions:: 2009-2010: S240, A338
2011-2012: S808, A526
2013-2014: S1852, A1454

2015-S2489 (ACTIVE) - Summary

Provides that each county shall establish and maintain a registry of wills and codicils executed in that county for which the surrogate's court has jurisdiction; establishes what information shall be included in such registry.

2015-S2489 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2489

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 2510 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:

2013-14 S.1852A/A.1454A;
2011-12 S.808;
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.

2015-S2489 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2489

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
  establishing a registry of wills and codicils

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The surrogate's court procedure act is amended by adding  a
new section 2510 to read as follows:
S 2510. REGISTRY OF WILLS AND CODICILS
  1.  EACH  COUNTY  SHALL ESTABLISH AND MAINTAIN A REGISTRY OF WILLS AND
CODICILS EXECUTED IN THE COUNTY FOR WHICH SUCH COURT  HAS  JURISDICTION.
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.
  2. UPON THE EXECUTION OF ANY WILL OR CODICIL,  THE  ATTORNEY  FOR  THE
TESTATOR OR TESTATRIX SHALL, WITHIN TEN DAYS AFTER ITS EXECUTION, DELIV-
ER  TO  THE  COURT  THE INFORMATION SET FORTH IN SUBDIVISION ONE OF THIS
SECTION FOR INCLUSION IN THE REGISTRY OF WILLS AND CODICILS. SUCH INFOR-
MATION MAY BE DELIVERED BY MAIL OR ELECTRONIC MEANS AND SHALL BE  DELIV-
ERED IN THE FOLLOWING FORM, OR SUBSTANTIALLY SIMILAR FORM:

                     "REGISTRY OF WILLS AND CODICILS
        COUNTY OF (INSERT COUNTY OF TESTATOR/TESTATRIX RESIDENCE)

NAME OF TESTATOR/TESTATRIX:             (_______________)
DATE WILL OR CODICIL WAS EXECUTED:      (_______________)
IF CODICIL, DATE OF ORIGINAL WILL:      (_______________)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00808-01-5

S. 2489                             2

PHYSICAL ADDRESS WHERE WILL             (_______________)
IS LOCATED; NO P.O. BOX:                (_______________)
                                        (_______________)"

  3. THE COURT SHALL MAINTAIN THE FORMAT AND CONTENT OF SUCH REGISTRY ON
A  COMPUTERIZED  DATA  BASE  WHICH SHALL BE UPDATED AT LEAST MONTHLY AND
SHALL PROVIDE A METHOD FOR WHICH REGISTRY INFORMATION MAY  BE  DELIVERED
TO  THE  COURT  ELECTRONICALLY. THE COURT SHALL PROVIDE PUBLIC ACCESS TO
SUCH COMPUTERIZED DATA BASE IN  A  MANNER  THAT  ALLOWS  INDIVIDUALS  TO
SEARCH THE REGISTRY OF WILLS AND CODICILS BY NAME, DATE OR ADDRESS.
  4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE ANY TESTATOR
OR TESTATRIX TO FILE A WILL OR CODICIL UPON ITS EXECUTION.
  5. NO WILL OR CODICIL SHALL BE DEEMED NULL, VOID OR OTHERWISE  WITHOUT
EFFECT DUE TO NONCOMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S2489

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2015-S2489 (ACTIVE) - Details

2015-S2489 (ACTIVE) - Summary

2015-S2489 (ACTIVE) - Sponsor Memo

2015-S2489 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2489

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2015-S2489 (ACTIVE) - Details

2015-S2489 (ACTIVE) - Summary

2015-S2489 (ACTIVE) - Sponsor Memo

2015-S2489 (ACTIVE) - Bill Text download pdf

Comments