Bill Text: NY A03550 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A03550 Detail]

Download: New_York-2015-A03550-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3550
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   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  S 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.
                                                                  LBD00808-01-5
       A. 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    S  2.  This  act shall take effect on the ninetieth day after it shall
   15  have become a law.