SCPA § 1717

Proceedings thereupon 1 · as in force on May 31, 2026

§ 1717. Proceedings thereupon

1. Where the court is satisfied upon the papers presented as prescribed in the preceding section that the case is within that section and that it will be for the infant's interest that ancillary letters issue to the petitioner, it may make a decree accordingly.

2. The decree may be made without process or process may issue to such persons as the court deems proper, to show cause why the prayer of the petition should not be granted.

3. Before ancillary letters are issued the court may direct that any debts appearing to be due or owing from the infant to domiciliaries be paid or security given therefor.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1717

In plain English

(1) If the papers satisfy the preceding section and ancillary letters serve the infant’s interests, the court may grant them by decree.
(2) The court may act without process or require anyone it chooses to show cause against the petition.
(3) Before letters issue, the court may require payment or security for debts the infant appears to owe 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.