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.
STATE OF NEW YORK
________________________________________________________________________
10684
IN SENATE
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:
1 Section 1. Subparagraph 4 of paragraph (a) of section 3-2.1 of the
2 estates, powers and trusts law, as amended by chapter 181 of the laws of
3 1974, is amended to read as follows:
4 (4) There shall be at least two attesting witnesses, who shall, within
5 one thirty day period, whether the testator is alive or not, both attest
6 the testator's signature, as affixed or acknowledged in their presence,
7 and at the request of the testator, sign their names and affix their
8 residence addresses at the end of the will. There shall be a rebuttable
9 presumption that the thirty day requirement of the preceding sentence
10 has been fulfilled. The failure of a witness to affix [his] the witness'
11 address shall not affect the validity of the will.
12 § 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
