SCPA 1002 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1001 Order of priority for granting letters of administration 1 up ARTICLE 10 Intestate Administration next SECTION 1003 Persons who must be served with process; waiver of process; dispensation with service of process 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1002 Petition; persons entitled to petition for appointment of an administrator 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 10 § 1002. Petition; persons entitled to petition for appointment of an administrator 1. Any person interested in the estate of an intestate or of a person alleged to be deceased or any person to whose appointment as administrator all distributees consent pursuant to 1001 or a public administrator, the chief fiscal officer of the county, creditor or a person interested in an action brought or about to be brought in which the intestate or the person alleged to be deceased, if living, would be a proper party may present a petition to the court having jurisdiction praying for a decree granting letters of administration to him or to another person upon the estate of the intestate or the person alleged to be deceased. 2. The petition must allege the citizenship of the petitioner and the decedent or person alleged to be deceased, that the decedent or person alleged to be deceased left no will, or that the case is within 1001, subdivision 9 and must state whether or not the intestate or person alleged to be deceased left any (a) personal property and its estimated value and (b) real property, whether it is improved or unimproved, a brief description thereof, the estimated value of the real property and improvements, if any, and the estimated gross rents for the period of 18 months.