{"jurisdiction": "us-ny", "code": "scpa", "section": "1005", "citation": "SCPA § 1005", "heading": "Notice of application for letters of administration 1", "text": ["§ 1005. Notice of application for letters of administration", "1.  Before making a decree granting letters of administration on any application therefor the court may require the petitioner or any other person seeking such letters to serve by mail a written notice of the application upon every distributee of the intestate who has not been required to be served with process and who has not appeared in the proceeding or waived service of process therein.", "2.  The notice shall be entitled in the proceeding and shall state:", "(a)  each and every name of the intestate known to the person giving the notice,", "(b)  the fact that letters of administration on the estate have been applied for by petitioner,", "(c)  that a decree will be made granting letters and to whom,", "(d)  the names and post-office addresses of petitioner and of each and every distributee set forth in the petition,", "(e)  that no other distributees are known to exist,", "(f)  that letters will issue on or after the date fixed in the notice.", "3.  The original notice shall be filed with proof by affidavit of the mailing of copies thereof."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/1005", "from_official_api": true, "plain_english": "Before granting administration letters, the court may require mailed notice to distributees not served, appearing, or waiving service.\n- **(1)** The petitioner or other applicant may have to **mail written notice to every such distributee**.\n- **(2)(a)** The notice states **every known name of the intestate**.\n- **(2)(b)** It states that the petitioner **applied for administration letters**.\n- **(2)(c)** It states **that letters will be granted and to whom**.\n- **(2)(d)** It lists the petitioner’s and every listed distributee’s **names and mailing addresses**.\n- **(2)(e)** It states that **no other distributees are known**.\n- **(2)(f)** It states that letters will issue **on or after the listed date**. ★\n- **(3)** The original notice and an **affidavit proving mailing** must be filed.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/1005", "publisher": "Elyphived LLC"}