Transmission of wills of non-domiciliaries and domiciliaries of another county before probate Whenever it appears that an instrument purp... · as in force on May 31, 2026
§ 2505. Transmission of wills of non-domiciliaries and domiciliaries of
another county before probate
Whenever it appears that an instrument purporting to be a will is on file or is in safekeeping and no proceeding for the probate thereof is pending and that the maker of such instrument at the time of his death was domiciled elsewhere, either within or without the state, the court, upon such notice as it may think proper, may cause the instrument to be sent to any court or officer of this state or other jurisdiction of decedent's domicile entitled under the laws thereof to receive it or to any person in this or any other jurisdiction interested in the probate of the instrument. The instrument may also be sent to any court or officer in this state or other jurisdiction in which the maker left real or personal property. Delivery is to be made in such manner and upon such terms as the court deems proper for the preservation of the instrument and for the protection of parties interested in the estate of the maker thereof.
When a document said to be a will is on file or in safekeeping, no probate is pending, and the maker lived elsewhere at death (in another county or outside New York), the court may, on whatever notice it thinks proper, send it to the court or officer of the maker's domicile who is entitled to receive it, or to an interested person. It may also send it where the maker left real or personal property. ★ Delivery is on terms that preserve the document and protect the interested parties.
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.