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INTESTATE ADMINISTRATION
Section 1001. Order of priority for granting letters of administration. 1002. Petition; persons entitled to petition for appointment of an administrator. 1003. Persons who must be served with process; waiver of process; dispensation with service of process. 1004. Proceedings upon return of process; decree. 1005. Notice of application for letters of administration. 1006. Failure to qualify. 1007. Administration de bonis non. S 1001. Order of priority for granting letters of administration 1. Letters of administration must be granted to the persons who are distributees of an intestate and who are eligible and qualify, in the following order: (a) the surviving spouse, (b) the children, (c) the grandchildren, (d) the father or mother, (e) the brothers or sisters, (f) any other persons who are distributees and who are eligible and qualify, preference being given to the person entitled to the largest share in the estate, except as hereinafter provided: (i) Where there are eligible distributees equally entitled to administer the court may grant letters of administration to one or more of such persons. (ii) If the distributees are issue of grandparents, other than aunts or uncles, on only one side, then letters of administration shall issue to the public administrator or chief financial officer of the county. 2. If the sole distributee has died or is an infant, incompetent or conservatee, his fiduciary, committee or conservator, if he is eligible and qualifies shall be granted letters of administration. The court may deny letters to a guardian or committee of the person only. 3. (a) Where all the distributees have died or are infants, incompetents or conservatees the court may grant letters of administration to a fiduciary, committee or conservator of a deceased distributee or infant, incompetent or conservatee distributee, if he is eligible and qualifies. If the court exercises its discretion preference shall be given to the fiduciary, committee or conservator of the distributee entitled to the largest share in the estate. (b) Where all such distributees are equally entitled to share in the estate the court may grant letters of administration to one or more of their fiduciaries, committees or conservators, if they are eligible and qualify. 4. (a) Where a distributee who has died or is an infant, incompetent or conservatee would have had a prior right to letters of administration except for his death or disability the court may grant letters to his fiduciary, committee or conservator, if he is eligible and qualifies. (b) Where no eligible distributee having a prior or equal right to letters of administration will accept the same and there are distributees who have died or are infants, incompetents or conservatees the court may grant letters to a fiduciary, committee or conservator of a deceased distributee, infant, incompetent or conservatee distributee, if he is eligible and qualifies. If the court exercises its discretion preference shall be given to the fiduciary, committee or conservator of the distributee entitled to the largest share in the estate. (c) Where all such distributees who have died or are infants, incompetents or conservatees in the circumstances of subdivision 4 (b) are equally entitled to share in the estate the court may grant letters of administration to one or more of their fiduciaries, committees or conservators, if they are eligible and qualify. 5. Upon the petition of a distributee having a prior or equal right to letters of administration the court may grant letters jointly to an eligible distributee or distributees and to one or more eligible persons whether distributees or not, including a trust company or other corporation authorized to act as fiduciary. Such joint fiduciaries shall be entitled to commissions as authorized by 2307. 6. Letters of administration may be granted to an eligible distributee or to an eligible person who is not a distributee upon the acknowledged and filed consents of all eligible distributees, or if there are no eligible distributees, then on the consents of all distributees, except that the guardian of the property of an infant distributee, the committee of the property of an incompetent distributee or the conservator of property of a conservatee appointed within the State of New York may so consent on behalf of his ward. 7. Letters of administration may be granted to a trust company or other corporation authorized to act as fiduciary upon the acknowledged and filed consents of all distributees inclusive of those who may be non-domiciliary aliens, provided that all such persons are otherwise eligible, except that the guardian of the property of an infant distributee, the committee of the property of an incompetent distributee or the conservator of property of a conservatee appointed within the state of New York may so consent on behalf of his ward. 8. When letters are not granted under the foregoing provisions and an appointment is not made by consent as hereinbefore provided then letters of administration shall be granted in the following order: (a) to the public administrator, or the chief fiscal officer of the county, or (b) to the petitioner, in the discretion of the court, or (c) to any other person or persons. 9. Letters of administration may be granted by the court in any case in which a paper writing purporting to be a will has been filed in the court and proceedings for its probate have not been instituted within a reasonable time or have not been diligently prosecuted. S 1002. Petition; persons entitled to petition for appointment of an administrator 1. Any person interested in the estate of an intestate or of a person alleged to be deceased or any person to whose appointment as administrator all distributees consent pursuant to 1001 or a public administrator, the chief fiscal officer of the county, creditor or a person interested in an action brought or about to be brought in which the intestate or the person alleged to be deceased, if living, would be a proper party may present a petition to the court having jurisdiction praying for a decree granting letters of administration to him or to another person upon the estate of the intestate or the person alleged to be deceased.
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2. The petition must allege the citizenship of the petitioner and the decedent or person alleged to be deceased, that the decedent or person alleged to be deceased left no will, or that the case is within 1001, subdivision 9 and must state whether or not the intestate or person alleged to be deceased left any (a) personal property and its estimated value and (b) real property, whether it is improved or unimproved, a brief description thereof, the estimated value of the real property and improvements, if any, and the estimated gross rents for the period of 18 months. S 1003. Persons who must be served with process; waiver of process; dispensation with service of process 1. In a proceeding for letters of administration upon the estate of a person alleged to be deceased process shall issue directed to such person and to all his presumptive distributees. 2. Every eligible person who has a right to administration prior or equal to that of the petitioner and who has not renounced must be served with process upon an application for letters of administration. When the petitioner is a creditor or a person interested in an action brought or about to be brought in which the intestate, if living, would be a party, process shall also issue to all incompetents, conservatees and infants for whom a committee, conservator or guardian of the property has been appointed who are domiciliary distributees. When the petitioner is a public administrator or county treasurer process shall issue only to such incompetent or conservatee domiciliary distributees whose names and addresses are known to him. The court may dispense with the issuance and service of process upon non-domiciliaries. 3. Any person who has a right to administration prior or equal to that of the petitioner may renounce his right and waive the issuance and service of process by an acknowledged instrument which must be filed in the office of the clerk of the court, except that a public administrator or the chief fiscal officer of the county may not renounce his right and may only be excused from acting, upon his motion duly made and an order made and entered thereupon by the court. 4. The court may dispense with service of process upon a person who has a right to administration prior or equal to that of the petitioner where it appears that the name or whereabouts of such person is unknown and cannot be ascertained after diligent inquiry, subject to the requirement that the decree granting the letters shall contain a provision directing that in the proceeding for the judicial settlement of the account of the administrator process shall issue and be served upon such person. 5. If an application for letters of administration be made under the circumstances provided in 1001, subdivision 9, process shall also issue to the persons named in the paper writing referred to in that section and the persons to whom process would be required to issue in a proceeding for the probate of such paper writing. S 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. S 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. S 1006. Failure to qualify The court must upon application of any person interested, a public administrator, the chief fiscal officer of the county, or creditor require an administrator designated by it to receive letters to qualify within a time specified and direct that in default thereof he be deemed to have renounced his appointment. S 1007. Administration de bonis non 1. When the office of administrator becomes vacant for any reason the court may grant letters of administration de bonis non to one or more eligible persons and the proceedings to procure such letters shall be the same as upon an application for original letters of administration. 2. Where the estate has been partially administered by the former fiduciary the court may fix the penalty of the bond in a sum not less than the value of the assets of the estate remaining unadministered. 3. The court may refuse to issue letters of administration de bonis non where distribution of the estate is possible pursuant to the provisions of 2207.