SCPA 1004 · Article 10. Intestate Administration
Proceedings upon return of process; decree
Text — Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
§ 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.
Source of truth
- Edition
- Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/SCP1004
- Text hash
- sha256 2daaf2420e24e6666e787ba30986e61350545434caafdf7eb0e6a49b98ef9e57
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.