1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 9: Temporary Administration--absentees and Internees


Section 901 When temporary administration may be granted Temporary administration may be granted if the court finds it is in the best interests of th...

Surrogate's Court Procedure Act (SCP)

When temporary administration may be granted

  Temporary administration may be granted if the court finds it is in the best interests of the estate in the following cases:

  1. When for any cause delay occurs in the grant of letters on the estate of a decedent or a person alleged to be deceased or in the probate of his or her will.

  2. When a person having an interest in property in this state has disappeared and is absent from his or her place of abode without being heard of after diligent inquiry. Such person shall be referred to as an absentee.

  3. When a person having an interest in property in this state has been made a prisoner of war or has been detained or interned by an enemy country or in an enemy-occupied country or by force, or imprisoned in this country, a foreign country, whether legal or illegal, and who is thereby unable to safeguard and care for his property in this state. Such person shall be referred to as an internee.