Record of wills and letters recorded under former law The record in the court or an authenticated copy of the record of any will recorded... · as in force on May 31, 2026
§ 1615. Record of wills and letters recorded under former law
The record in the court or an authenticated copy of the record of any will recorded pursuant to section 44 of the decedent estate law prior to the effective date of this act shall be presumptive evidence of the will, of the execution thereof and of the letters granted thereon in any action or special proceeding relating to real property. The record in the court or an authenticated copy thereof shall be presumptive evidence of a petition for letters of administration and of the letters granted thereon recorded pursuant to section 44 of the decedent estate law prior to the effective date of this act.
A court record, or an authenticated copy, of a will recorded under former Decedent Estate Law § 44 before this act took effect is presumptive evidence of the will, its execution, and the letters granted on it in any action or proceeding relating to real property. ★ The record or an authenticated copy is also presumptive evidence of a petition for letters of administration and the letters granted, if recorded under § 44 before this act took effect.
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.
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.