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RECORDS AND RECORDING Section 2501. Records to be kept by court; general requirements. 2502. Books to be kept by clerk. 2504. Wills to be retained after probate; execptions. 2505. Transmission of wills of non-domiciliaries and domiciliaries of another county before probate. 2506. Recording wills proved within the state. 2507. Reception of wills for safekeeping. 2508. Filing of will of decedent. S 2501. Records to be kept by court; general requirements 1. The clerk of the court shall keep a record of and be responsible for the proper indexing, filing or recording, as the case may be, collating, arranging, restoring and preserving of all records, documents, books, maps, instruments and other matter specified in this article or by other requirement of law heretofore or hereafter deposited, filed or recorded, of all matters specified by this article or by other requirement of law. 2. He shall upon payment of the fees required by law exemplify or certify all records and papers filed or recorded and shall search and certify as to records or papers in custody of the court or that they cannot be found. 3. Records shall be kept by means of record books, cards, files or any other system, process, form or combination thereof, as may be prescribed by CPLR 9703 or directed by the court together with such appropriate index or reference system, and such topic, item or other subdivision or arrangement as deemed appropriate or convenient. When the clerk is directed to keep a record book it may be kept by one or more of the methods prescribed as may be currently utilized by the court for the purpose. 4. The expense of keeping the records required by law to be kept shall be a charge upon the county, state or other governmental unit or agency providing funds for administration of the court as may be provided by law. 5. When filing is required the paper filed shall be entered in the proper minute book, and date of filing with fee, if any, noted on the paper. 6. When recording of a paper is required an accurate copy thereof shall be made of the complete content of the paper by entry at length in a record book in plain and legible handwriting or by printing or typewriting or photographic or microphotographic or other process or any combination thereof or by making a record in any other form or process which provides or will produce an accurate copy of the paper. 7. Records and papers which are sealed and withheld from public inspection as required by law or directed by the court shall thereafter be opened only to the extent as may be authorized by the court. 8. All books and records other than those sealed are open to inspection of any person at reasonable times. 9. Records and papers relating to a proceeding and entered in the minute book shall be preserved as permanent records of the court, except as disposition is authorized by section 89 of the judiciary law. S 2502. Books to be kept by clerk The clerk shall keep and maintain: 1. A record book properly indexed in which shall be entered a description of every proceeding with proper entries under each denoting the papers filed, orders and decrees made and the steps taken therein, with the dates of filing and recording the several papers in the proceeding. 2. Such other record books, properly indexed, as may be necessary or convenient to record at length any documents required by law to be recorded. 3. A court and trust fund register in which shall be entered a reference to any proceeding in which a decree or order directs a deposit of money, the date thereof, the amount thereof, the amount so deposited, any receipt therefor and the name of the person to and for whom the deposit is made. 4. A record book, properly indexed, with proper entries denoting the name and file number of the estate and the date of filing any informal account or any release pursuant to 2202. 5. Such other books as the chief administrator of the courts in each department or the court in each county may direct to be kept. S 2504. Wills to be retained after probate; exceptions 1. A written will which has been admitted to probate must remain in the court, except where the will is on file in a court or public office of another state or country under the laws of which it cannot be removed. 2. When it appears that the laws of another jurisdiction require the production of an original will before the provisions thereof become effective in such jurisdiction the court may cause any original will on file in its office to be sent to any court which, or to any officer of such jurisdiction who, under the laws thereof, is empowered to receive the will for probate, or may deliver the will to any person interested in the probate thereof in such jurisdiction or to his fiduciary in such manner and upon such terms as it deems proper for the preservation of the will and the protection of other parties interested in the estate.
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3. In the case of a joint will which has been admitted to probate in this state the court of such county may under such terms as it deems proper transmit the original joint will to the surrogate`s court of any other county in this state for probate as the will of any other signer thereof. It shall be the duty of the court of such other county to keep a true copy thereof in its office and thereafter to return the original will to the surrogate`s court of the county of original probate. S 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. S 2506. Recording wills proved within the state 1. A certified copy of a will of real property admitted to probate in any court of competent jurisdiction of the state must be recorded in the office of the county clerk or register as the case requires of any county in which real property of the testator is situated, upon the request of any person interested. 2. The fiduciary under a will of real property must cause a certified copy thereof to be recorded in each county where real property of the testator is situate, other than the county of the testator`s domicile, within 20 days after letters are issued to him. 3. An exemplification of the record of such a will from any court where recorded either before or after this chapter takes effect may be in like manner recorded in the office of the clerk or register of any county. S 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. S 2508. Filing of will of decedent. The court of any county may receive and file the will of any decedent domiciled in that county at the date of death which any person shall deliver, without payment of fee. A record of the receipt and filing thereof shall be made by the clerk and the will shall remain on file subject to the further order of the court.