SCPA § 1419

Process; renunciation or exclusion of persons having prior or equal right Every eligible person having a right to letters of administrati...  ·  as in force on May 31, 2026

§ 1419. Process; renunciation or exclusion of persons having prior or equal right

Every eligible person having a right to letters of administration with the will annexed prior or equal to that of the petitioner including an infant, incompetent or conservatee whose guardian, committee or conservator would be entitled to letters, and who has not renounced, must be served. The proceedings upon the application are the same as upon an application for administration upon the estate of an intestate. The court may dispense with the issuance and service of process upon non-domiciliaries.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1419

In plain English

Every eligible person with a prior or equal right to letters of administration with the will annexed who has not renounced must be served, including a protected person whose representative would be entitled. ★ The application follows intestate-administration procedure, but the court may excuse process and service on non-domiciliaries.

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.