# N.Y. SCP Law § 1003: Persons who must be served with process; waiver of process; dispensation with service of process 1

> New York · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1003

## Section

- **Citation:** N.Y. SCP Law § 1003
- **Heading:** Persons who must be served with process; waiver of process; dispensation with service of process 1
- **Jurisdiction:** New York
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** New York Code / Act SCP / Article 10 / Section 1003

## Text

§ 1003. Persons who must be served with process; waiver of process;\n dispensation with service of process\n 1. In a proceeding for letters of administration upon the estate of a\nperson alleged to be deceased process shall issue directed to such\nperson and to all his presumptive distributees.\n 2. Every eligible person who has a right to administration prior or\nequal to that of the petitioner and who has not renounced must be served\nwith process upon an application for letters of administration. When\nthe petitioner is a creditor or a person interested in an action brought\nor about to be brought in which the intestate, if living, would be a\nparty, process shall also issue to all incompetents, conservatees and\ninfants for whom a committee, conservator or guardian of the property\nhas been appointed who are domiciliary distributees. When the\npetitioner is a public administrator or county treasurer process shall\nissue only to such incompetent or conservatee domiciliary distributees\nwhose names and addresses are known to him. The court may dispense with\nthe issuance and service of process upon non-domiciliaries.\n 3. Any person who has a right to administration prior or equal to\nthat of the petitioner may renounce his right and waive the issuance and\nservice of process by an acknowledged instrument which must be filed in\nthe office of the clerk of the court, except that a public administrator\nor the chief fiscal officer of the county may not renounce his right and\nmay only be excused from acting, upon his motion duly made and an order\nmade and entered thereupon by the court.\n 4. The court may dispense with service of process upon a person who\nhas a right to administration prior or equal to that of the petitioner\nwhere it appears that the name or whereabouts of such person is unknown\nand cannot be ascertained after diligent inquiry, subject to the\nrequirement that the decree granting the letters shall contain a\nprovision directing that in the proceeding for the judicial settlement\nof the account of the administrator process shall issue and be served\nupon such person.\n 5. If an application for letters of administration be made under the\ncircumstances provided in 1001, subdivision 9, process shall also issue\nto the persons named in the paper writing referred to in that section\nand the persons to whom process would be required to issue in a\nproceeding for the probate of such paper writing.\n

## Nearby sections

- [N.Y. SCP Law § 1001 Order of priority for granting letters of administration 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1001.md)
- [N.Y. SCP Law § 1002 Petition; persons entitled to petition for appointment of an administrator 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1002.md)
- [N.Y. SCP Law § 1003 Persons who must be served with process; waiver of process; dispensation with service of process 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1003.md)
- [N.Y. SCP Law § 1004 Proceedings upon return of process; decree 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1004.md)
- [N.Y. SCP Law § 1005 Notice of application for letters of administration 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1005.md)
- [N.Y. SCP Law § 1006 Failure to qualify The court must upon application of any person interested, a public administrator, the chief fiscal officer of the coun...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1006.md)
- [N.Y. SCP Law § 1007 Administration de bonis non 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1007.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1003. Check the current official text before relying on it. Not legal advice.