N.Y. Surrogate's Court Procedure Act § 1611: Ancillary administration of estate of absentee If it appears that the foreign probate or the grant of foreign administration was based up...

§ 1611. Ancillary administration of estate of absentee

If it appears that the foreign probate or the grant of foreign

administration was based upon the disappearance or absence of the person

on whose property ancillary letters are sought under circumstances as to

afford reasonable ground to believe that he is dead process shall issue

to the disappeared or absent person and shall be served upon him by

publication. It shall also be served upon the public administrator of

the county or if there be none, upon the county treasurer. If it

appears to the satisfaction of the court from the foreign probate or

grant of administration or from such other proof as it may require, that

such person be dead, it may make a decree determining that fact and

granting ancillary administration as prescribed in this article.