S T A T E O F N E W Y O R K
________________________________________________________________________
S. 808 A. 526
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 5, 2011
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Judiciary
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
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:
1 Section 1. The surrogate's court procedure act is amended by adding a
2 new section 2509 to read as follows:
3 S 2509. REGISTRY OF WILLS AND CODICILS
4 1. EACH COUNTY SHALL ESTABLISH AND MAINTAIN A REGISTRY OF WILLS AND
5 CODICILS EXECUTED IN THE COUNTY FOR WHICH SUCH COURT HAS JURISDICTION.
6 SUCH REGISTRY SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND SHALL INCLUDE
7 THE FOLLOWING INFORMATION:
8 (A) THE NAME OF THE TESTATOR OR TESTATRIX;
9 (B) THE DATE ON WHICH SUCH WILL OR CODICIL WAS EXECUTED;
10 (C) IF A CODICIL, THE DATE OF EXECUTION OF THE WILL SUCH CODICIL
11 AMENDS; AND
12 (D) THE PHYSICAL ADDRESS AT WHICH SUCH WILL OR CODICIL IS LOCATED.
13 2. UPON THE EXECUTION OF ANY WILL OR CODICIL, THE ATTORNEY FOR THE
14 TESTATOR OR TESTATRIX SHALL, WITHIN TEN DAYS AFTER ITS EXECUTION, DELIV-
15 ER TO THE COURT THE INFORMATION SET FORTH IN SUBDIVISION ONE OF THIS
16 SECTION FOR INCLUSION IN THE REGISTRY OF WILLS AND CODICILS. SUCH INFOR-
17 MATION MAY BE DELIVERED BY MAIL OR ELECTRONIC MEANS AND SHALL BE DELIV-
18 ERED IN THE FOLLOWING FORM, OR SUBSTANTIALLY SIMILAR FORM:
19 "REGISTRY OF WILLS AND CODICILS
20 COUNTY OF (INSERT COUNTY OF TESTATOR/TESTATRIX RESIDENCE)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03718-01-1
S. 808 2 A. 526
1 NAME OF TESTATOR/TESTATRIX: (_______________)
2 DATE WILL OR CODICIL WAS EXECUTED: (_______________)
3 IF CODICIL, DATE OF ORIGINAL WILL: (_______________)
4 PHYSICAL ADDRESS WHERE WILL (_______________)
5 IS LOCATED; NO P.O. BOX: (_______________)
6 (_______________)"
7 3. THE COURT SHALL MAINTAIN THE FORMAT AND CONTENT OF SUCH REGISTRY ON
8 A COMPUTERIZED DATA BASE WHICH SHALL BE UPDATED AT LEAST MONTHLY AND
9 SHALL PROVIDE A METHOD FOR WHICH REGISTRY INFORMATION MAY BE DELIVERED
10 TO THE COURT ELECTRONICALLY. THE COURT SHALL PROVIDE PUBLIC ACCESS TO
11 SUCH COMPUTERIZED DATA BASE IN A MANNER THAT ALLOWS INDIVIDUALS TO
12 SEARCH THE REGISTRY OF WILLS AND CODICILS BY NAME, DATE OR ADDRESS.
13 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE ANY TESTATOR
14 OR TESTATRIX TO FILE A WILL OR CODICIL UPON ITS EXECUTION.
15 5. NO WILL OR CODICIL SHALL BE DEEMED NULL, VOID OR OTHERWISE WITHOUT
16 EFFECT DUE TO NONCOMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
17 S 2. This act shall take effect on the ninetieth day after it shall
18 have become a law.