SCPA § 1004

Proceedings upon return of process; decree 1 · as in force on May 31, 2026

§ 1004. Proceedings upon return of process; decree

1. Upon the return of process in a proceeding for letters of administration upon the estate of a person alleged to be deceased the court must inquire into the facts and take proof thereof and if it appears that he is dead the court may make a decree so determining and directing the issuance of letters of administration upon his estate as prayed for in the petition or to such other person who may appear entitled thereto.

2. When process has issued and been returned with proof of due service thereof and no objections have been interposed to the appointment of the petitioner the court may make a decree granting letters of administration as prayed for in the petition or to such other person who may appear entitled thereto.

3. When the issuance and service of process is not necessary or has been dispensed with the court may make a decree granting letters of administration as prayed for in the petition or to such other person who may appear entitled thereto upon presentation of the petition.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1004

In plain English

After process returns, the court may determine death and grant administration letters.

(1) For a person alleged dead, the court must investigate and take proof; if death is shown, it may declare death and issue letters to the petitioner or another entitled person. ★
(2) With due service and no objection, the court may grant letters to the petitioner or another entitled person.
(3) If process is unnecessary or excused, presentation of the petition may support the same grant of letters.

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.

In print

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.