# N.Y. SCP Law § 1004: Proceedings upon return of process; decree 1

> New York · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A10_S1004

## Section

- **Citation:** N.Y. SCP Law § 1004
- **Heading:** Proceedings upon return of process; decree 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 1004

## Text

§ 1004. Proceedings upon return of process; decree\n 1. Upon the return of process in a proceeding for letters of\nadministration upon the estate of a person alleged to be deceased the\ncourt must inquire into the facts and take proof thereof and if it\nappears that he is dead the court may make a decree so determining and\ndirecting the issuance of letters of administration upon his estate as\nprayed for in the petition or to such other person who may appear\nentitled thereto.\n 2. When process has issued and been returned with proof of due\nservice thereof and no objections have been interposed to the\nappointment of the petitioner the court may make a decree granting\nletters of administration as prayed for in the petition or to such other\nperson who may appear entitled thereto.\n 3. When the issuance and service of process is not necessary or has\nbeen dispensed with the court may make a decree granting letters of\nadministration as prayed for in the petition or to such other person who\nmay appear entitled thereto upon presentation of the petition.\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_S1004. Check the current official text before relying on it. Not legal advice.