NY SCPA 2507: Reception of Wills for Safekeeping

SCPA 2507 is a New York statute that allows a will to be deposited with the court for safekeeping during the testator's lifetime. It sets out (1) what the court must do when a will is deposited, (2) what materials may be filed with the will, (3) how the will must be sealed and labeled, and (4) when and to whom the will may be delivered, both before and after the testator's death.

The Statutory Rule

§ 2507. Reception of wills for safekeeping

1. The court of any county upon being paid the fees allowed therefor by law shall receive and deposit in the court any will of a domiciliary of the county which any person shall deliver to it for that purpose and shall give a written receipt therefor to the person depositing it. An attesting witness to any will may make and sign an affidavit before any officer authorized to administer oaths setting forth such facts as he would be required to testify to in order to prove the will. The affidavit may be written upon the will or on some paper securely attached thereto and may be filed for safekeeping with the will to which it relates. There may also be filed with the will affidavits of certified medical examiners, under the provisions of the mental hygiene law, certifying that the maker of the will was of sound mind at the time of its execution, together with any facts supporting such opinion.

2. The will shall be enclosed in a sealed wrapper so that the contents thereof cannot be read and shall have endorsed thereon the name of the testator, his domicile, and the day, month and year when delivered and shall not on any pretext whatever be opened, read or examined until delivered to a person entitled to it as hereinafter directed.

3. The will shall be delivered only

(a) to the testator in person or

(b) upon his written order duly proved by the oath of the testator which shall be duly acknowledged or

(c) after his death to the persons named in the endorsement on the wrapper of the will, if such endorsement be made thereon or

(d) if there be no such endorsement or if it has been deposited with any other officer than a surrogate, then to the surrogate’s court of the county.

4. If the will shall have been deposited with a surrogate’s court or shall have been delivered to it as above prescribed the court after the death of the testator shall publicly open and examine the will and make known the contents thereof and shall file it in the court, there to remain until it shall have been duly proved, if capable of proof, and then to be delivered to the person entitled to the custody thereof or until required by the authority of some competent court to produce the same in such court.

What the Statute Does

What the Court Must Do When a Will Is Deposited

Subdivision (1) directs that the court "shall receive and deposit" a will of a domiciliary of the county when the required fees are paid, and the court must provide a written receipt to the person who deposits it.

What May Be Filed With the Will

Subdivision (1) also authorizes certain affidavits to be filed with the will for safekeeping:

• An affidavit by an attesting witness, made before an authorized officer, stating facts the witness would be required to testify to in order to prove the will.
• Affidavits of certified medical examiners, under the Mental Hygiene Law, certifying that the maker of the will was of sound mind at execution, together with supporting facts.

Sealing and Endorsement Requirements

Subdivision (2) requires that the will be enclosed in a sealed wrapper so the contents cannot be read, and that the wrapper be endorsed with:

• the name of the testator,
• the testator's domicile, and
• the date delivered.

It further provides that the wrapper may not be opened, read, or examined until delivery to a person entitled to it under subdivision (3).

Who May Receive the Will, and When

Subdivision (3) limits delivery to specific persons and situations:

• During life: delivery to the testator in person, or on the testator's written order meeting the statute's proof and acknowledgment requirements.
• After death: delivery to the persons named on the wrapper endorsement (if any), or otherwise (and in certain deposit situations) to the Surrogate's Court of the county.

What Happens After Death Once the Will Is With Surrogate's Court

Subdivision (4) directs that after the testator's death, when the will is with the Surrogate's Court, the court must publicly open and examine it, make known its contents, and file it.

The will remains on file until it is proved (if capable of proof) and then delivered to the person entitled to custody, or until a competent court requires production.

What This Statute Does Not Say

SCPA 2507 is a safekeeping and delivery statute. It does not, by its own text, state that depositing a will:

• makes the will valid,
• cures defects,
• guarantees probate, or
• prevents revocation or a later will.

Those questions turn on other law, not on the safekeeping procedure itself.