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Assembly Bill A2402

2021-2022 Legislative Session

Relates to requiring the filing of wills for safekeeping

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Archive: Last Bill Status - In Assembly Committee

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2021-A2402 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §2402, SCPA; amd §3-2.1, EPT L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8460
2019-2020: A1726

2021-A2402 (ACTIVE) - Summary

Relates to requiring the filing of wills for safekeeping and the reduction of fees for such filing.

2021-A2402 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2402
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M. of A. SIMON, COOK, DINOWITZ, GLICK -- Multi-Sponsored
   by -- M. of A.  BICHOTTE HERMELYN, COLTON, GOTTFRIED, HYNDMAN, LAVINE,
   WALKER, WILLIAMS -- read once and referred to the Committee on Judici-
   ary
 
 AN ACT to amend the surrogate's court procedure  act  and  the  estates,
   powers  and  trusts  law, in relation to the filing of wills for safe-
   keeping
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (v)  of  subdivision  9 of section 2402 of the
 surrogate's court procedure act, as amended by section 30 of part  J  of
 chapter 62 of the laws of 2003, is amended to read as follows:
 (v)   a  will  for safekeeping pursuant to section 2507 of
         this act except that the court in any  county  may
         reduce or dispense with such fee ..................[45.00] 20.00
 
   §  2. Paragraph (a) of section 3-2.1 of the estates, powers and trusts
 law is amended by adding a new subparagraph 5 to read as follows:
   (5) ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS  SUBPARA-
 GRAPH,  SUCH  WILL  SHALL BE FILED WITH THE COURT OF ANY COUNTY IN WHICH
 THE TESTATOR IS A DOMICILIARY, PURSUANT TO SECTION  TWENTY-FIVE  HUNDRED
 SEVEN  OF THE SURROGATE'S COURT PROCEDURE ACT; PROVIDED, HOWEVER, THAT A
 WILL WHICH SATISFIES ALL OTHER REQUIREMENTS OF THIS SECTION SHALL NOT BE
 DEEMED UNENFORCEABLE SOLELY FOR THE FAILURE TO FILE SUCH  WILL  PURSUANT
 TO THIS SUBPARAGRAPH.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01046-01-1

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