|SAME AS||SAME AS S02489|
|Add S2510, SCPA|
|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.|
|01/27/2015||referred to judiciary|
|01/06/2016||referred to judiciary|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3550 SPONSOR: Thiele
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 computer- ized data base in a manner that allows individuals to search the regis- try by name, date or address. Nothing in the bill shall be construed to require any testator or testa- trix 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 estab- lished 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 keep- ing. 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 5.240; 2007-08, S.659; 2005-06, 5.1476; 2003-04, 5.1164; 2001-02, S.7277.   EFFECTIVE DATE: Ninetieth day after becoming law.
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STATE OF NEW YORK ________________________________________________________________________ 3550 2015-2016 Regular Sessions IN ASSEMBLY January 27, 2015 ___________ 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 2510 to read as follows: 3 § 2510. 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) 21 Name of Testator/Testatrix: (_______________) 22 Date will or codicil was executed: (_______________) 23 If codicil, date of original will: (_______________) EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00808-01-5A. 3550 2 1 Physical address where will (_______________) 2 is located; no P.O. Box: (_______________) 3 (_______________)" 4 3. The court shall maintain the format and content of such registry on 5 a computerized data base which shall be updated at least monthly and 6 shall provide a method for which registry information may be delivered 7 to the court electronically. The court shall provide public access to 8 such computerized data base in a manner that allows individuals to 9 search the registry of wills and codicils by name, date or address. 10 4. Nothing in this section shall be construed to require any testator 11 or testatrix to file a will or codicil upon its execution. 12 5. No will or codicil shall be deemed null, void or otherwise without 13 effect due to noncompliance with the provisions of this section. 14 § 2. This act shall take effect on the ninetieth day after it shall 15 have become a law.