1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 25: Records and Recording


Section 2504 Wills to be retained after probate; exceptions 1

Surrogate's Court Procedure (SCP)

Wills to be retained after probate; exceptions

  1. A written will which has been admitted to probate must remain in the court, except where the will is on file in a court or public office of another state or country under the laws of which it cannot be removed.

  2. When it appears that the laws of another jurisdiction require the production of an original will before the provisions thereof become effective in such jurisdiction the court may cause any original will on file in its office to be sent to any court which, or to any officer of such jurisdiction who, under the laws thereof, is empowered to receive the will for probate, or may deliver the will to any person interested in the probate thereof in such jurisdiction or to his fiduciary in such manner and upon such terms as it deems proper for the preservation of the will and the protection of other parties interested in the estate.

  3. In the case of a joint will which has been admitted to probate in this state the court of such county may under such terms as it deems proper transmit the original joint will to the surrogate's court of any other county in this state for probate as the will of any other signer thereof. It shall be the duty of the court of such other county to keep a true copy thereof in its office and thereafter to return the original will to the surrogate's court of the county of original probate.