SCPA 1005 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1004 Proceedings upon return of process; decree 1 up ARTICLE 10 Intestate Administration next SECTION 1006 Failure to qualify The court must upon application of any person interested, a public administrator, the chief fiscal officer of the coun... Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1005 Notice of application for letters of administration 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 10 § 1005. Notice of application for letters of administration 1. Before making a decree granting letters of administration on any application therefor the court may require the petitioner or any other person seeking such letters to serve by mail a written notice of the application upon every distributee of the intestate who has not been required to be served with process and who has not appeared in the proceeding or waived service of process therein. 2. The notice shall be entitled in the proceeding and shall state: (a) each and every name of the intestate known to the person giving the notice, (b) the fact that letters of administration on the estate have been applied for by petitioner, (c) that a decree will be made granting letters and to whom, (d) the names and post-office addresses of petitioner and of each and every distributee set forth in the petition, (e) that no other distributees are known to exist, (f) that letters will issue on or after the date fixed in the notice. 3. The original notice shall be filed with proof by affidavit of the mailing of copies thereof.