SCPA 1004 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1003 Persons who must be served with process; waiver of process; dispensation with service of process 1 up ARTICLE 10 Intestate Administration next SECTION 1005 Notice of application for letters of administration 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1004 Proceedings upon return of process; decree 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 10 § 1004. Proceedings upon return of process; decree 1. Upon the return of process in a proceeding for letters of administration upon the estate of a person alleged to be deceased the court must inquire into the facts and take proof thereof and if it appears that he is dead the court may make a decree so determining and directing the issuance of letters of administration upon his estate as prayed for in the petition or to such other person who may appear entitled thereto. 2. When process has issued and been returned with proof of due service thereof and no objections have been interposed to the appointment of the petitioner the court may make a decree granting letters of administration as prayed for in the petition or to such other person who may appear entitled thereto. 3. When the issuance and service of process is not necessary or has been dispensed with the court may make a decree granting letters of administration as prayed for in the petition or to such other person who may appear entitled thereto upon presentation of the petition.