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

                                  8057

                            I N  S E N A T E

                              June 3, 2010
                               ___________

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

AN ACT to amend the estates, powers and trusts law, in relation  to  the
  right of election by surviving spouse

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

  Section 1. Subparagraphs 1 and 2 of paragraph (d) of  section  5-1.1-a
of  the estates, powers and trusts law, as amended by chapter 515 of the
laws of 1993, are amended to read as follows:
  (1) An election under this section must be made within six months from
the date of issuance of letters testamentary or  of  administration,  as
the  case may be, but in no event later than two years after the date of
decedent's death, EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH 2 OF THIS
PARAGRAPH. Written notice of such election  shall  be  served  upon  any
personal  representative in the manner herein provided, or upon a person
named as executor in a will on file in the surrogate's court in  a  case
where  such  will has not yet been admitted to probate, and the original
thereof shall be filed and recorded,  with  proof  of  service,  in  the
surrogate's  court  in  which such letters were issued within six months
from the date of the issuance of letters but in no event later than  two
years from the date of decedent's death, EXCEPT AS OTHERWISE PROVIDED IN
SUBPARAGRAPH  2 OF THIS PARAGRAPH.  Such notice may be served by mailing
a copy thereof, addressed to any  personal  representative,  or  to  the
nominated executor, as the case may be, at the place of residence stated
in  the  designation  required  by [SCPA] SECTION 708 OF THE SURROGATE'S
COURT PROCEDURE ACT or in such other manner as the surrogate may direct.
  (2) The time to make such election may be extended  before  expiration
by  an order of the surrogate's court from which such letters issued for
a further period not exceeding six months upon any one  application.  If
the  spouse defaults in filing such election within the time provided in
subparagraph [(d)] (1) OF THIS  PARAGRAPH,  the  surrogate's  court  may
relieve  the  spouse  from  such  default and authorize the making of an
election within the period fixed by the order, provided that  no  decree
settling  the  account  of the personal representative has been made and

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

                                                           LBD17513-01-0

S. 8057                             2

that twelve months have not elapsed since the issuance of  the  letters,
AND  TWO  YEARS  HAVE NOT ELAPSED SINCE THE DECEDENT'S DATE OF DEATH, IN
THE CASE OF INITIAL APPLICATION; EXCEPT  THAT  THE  COURT  MAY,  IN  ITS
DISCRETION  FOR  GOOD CAUSE SHOWN, EXTEND THE TIME TO MAKE SUCH ELECTION
BEYOND SUCH PERIOD OF TWO YEARS.   An application for  relief  from  the
default and for an extension of time to elect shall be made upon a peti-
tion  showing reasonable cause and on notice to such persons and in such
manner as the surrogate may direct. A certified copy of such order shall
be indexed and recorded in the same manner as a notice of pendency of an
action in the office of the clerk of each county in which real  property
of the decedent is situated.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.