STATE OF NEW YORK
________________________________________________________________________
6137
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
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Introduced by Sen. BONACIC -- 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
procedure for exercising the right of election by a surviving spouse
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 1 of paragraph (d) of section 5-1.1-A of the
2 estates, powers and trusts law, as amended by chapter 545 of the laws of
3 2010, is amended to read as follows:
4 (1) An election under this section must be made within six months from
5 the date of issuance of letters testamentary or of administration, as
6 the case may be, but in no event later than two years after the date of
7 decedent's death, except as otherwise provided in subparagraph 2 of this
8 paragraph. Written notice of such election shall be served upon any
9 personal representative in the manner herein provided, or upon a person
10 named as executor in a will on file in the surrogate's court in a case
11 where such will has not yet been admitted to probate, and the original
12 thereof shall be filed and recorded, with proof of service, in the
13 surrogate's court in which such letters were issued within six months
14 from the date of the issuance of letters but in no event later than two
15 years from the date of decedent's death, except as otherwise provided in
16 subparagraph 2 of this paragraph. Such notice may be served by mailing a
17 copy thereof, addressed to any personal representative, or to the nomi-
18 nated executor, as the case may be, at the place of residence stated in
19 the designation required by section 708 of the surrogate's court proce-
20 dure act, to the domicile address of such nominated executor, or in such
21 other manner as the surrogate may direct.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11647-01-7
