N.Y. Surrogate's Court Procedure Act § 1004: Proceedings upon return of process; decree 1

§ 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.