Legislation
SECTION 1002
Petition; persons entitled to petition for appointment of an administrator 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 10
§ 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.
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.
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.
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.