Cheryl Katz-Erato Recognized in LIBN’s WHO’s WHO: Women in Professional Services

Professional women explain new developments 2022 has brought to their industry.

In 2020, during the height of COVID-19, the then-Governor issued Executive Order 202.14 which modified NYS law to enable Wills to be signed remotely.  This modification was welcomed as it enabled estate attorneys to change their strict in-person practices to adapt to COVID. 

However, in 2022, the Queens County Surrogate rendered a decision addressing the documents now required to prove a Will’s validity when it was remotely executed under the Executive Order.  In that uncontested case, the Surrogate declined to admit the Will to probate based on the accompanying affidavit because it failed to establish compliance with Executive Order. 

Thus, practitioners should be guided accordingly: a remotely executed Will may not be admitted to probate if the correlating affidavit does not demonstrate compliance with the Executive Order.