SCPA § 104

Application of act; confirmation of previous acts Each provision of this act relating to the jurisdiction of the surrogate's court over l...  ·  as in force on May 31, 2026

§ 104. Application of act; confirmation of previous acts

Each provision of this act relating to the jurisdiction of the surrogate's court over lifetime trusts or to take the proof of a will and to grant letters or appoint trustees or regulating the mode of procedure in any manner concerning a lifetime trust or an estate of a decedent applies unless otherwise expressly declared therein, whether the estate, if a lifetime trust, was created, or the will was made or the decedent died before or after this act takes effect. All acts hitherto of surrogates and officers acting as such by completing and certifying in their own names any uncertified wills, and by signing and certifying in their own names any uncertified records of wills, and of other proofs and examinations taken in the proceedings of probate thereof before their predecessors in office, are hereby confirmed and declared to be valid and in full compliance with the pre-existing statutory requirements.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/104

In plain English

The act’s rules on Surrogate’s Court jurisdiction, probate, letters, trustees, procedure, lifetime trusts, and decedents’ estates apply whether the trust, will, or death came before or after the act, unless a provision expressly says otherwise. ★ Earlier surrogates’ and officers’ completion, signing, and certification of specified uncertified wills, will records, proofs, and examinations are confirmed as valid and compliant with the prior law.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.