Ancillary administration of estate of absentee If it appears that the foreign probate or the grant of foreign administration was based up... · as in force on May 31, 2026
§ 1611. Ancillary administration of estate of absentee
If it appears that the foreign probate or the grant of foreign administration was based upon the disappearance or absence of the person on whose property ancillary letters are sought under circumstances as to afford reasonable ground to believe that he is dead process shall issue to the disappeared or absent person and shall be served upon him by publication. It shall also be served upon the public administrator of the county or if there be none, upon the county treasurer. If it appears to the satisfaction of the court from the foreign probate or grant of administration or from such other proof as it may require, that such person be dead, it may make a decree determining that fact and granting ancillary administration as prescribed in this article.
When foreign probate or administration rests on a person’s disappearance under circumstances suggesting death, process must be issued to the absent person and served by publication, and also served on the county public administrator or, if none, the county treasurer. If the court is satisfied that the person is dead, it may decree that fact and grant ancillary administration. ★
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.
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.