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Senate Bill S10684

2025-2026 Legislative Session

Relates to the timeframe for the signature of attesting witnesses to a will

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Current Bill Status - In Senate Committee Rules Committee

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2025-S10684 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §3-2.1, EPT L

2025-S10684 (ACTIVE) - Summary

Provides that a testator need not be alive at the time of the attesting witnesses signatures as long as the signature is within the thirty day timeframe.

2025-S10684 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10684
 
                             I N  S E N A T E
 
                              August 19, 2026
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the estates, powers and trusts law, in relation  to  the
   signature or attesting witnesses to a will
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph 4 of paragraph (a) of  section  3-2.1  of  the
 estates, powers and trusts law, as amended by chapter 181 of the laws of
 1974, is amended to read as follows:
   (4) There shall be at least two attesting witnesses, who shall, within
 one thirty day period, WHETHER THE TESTATOR IS ALIVE OR NOT, both attest
 the  testator's signature, as affixed or acknowledged in their presence,
 and at the request of the testator, sign their  names  and  affix  their
 residence  addresses at the end of the will. There shall be a rebuttable
 presumption that the thirty day requirement of  the  preceding  sentence
 has been fulfilled. The failure of a witness to affix [his] THE WITNESS'
 address shall not affect the validity of the will.
   § 2. This act shall take effect immediately.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16299-01-6

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