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This entry was published on 2014-09-22
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SECTION 1004
Proceedings upon return of process; decree 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 10
§ 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.