In re the Estate of Mraz

OPINION OF THE COURT

C. Raymond Radican, J.

This is a petition by the wife of the now deceased administrator for the issuance of letters of administration, d. b. n. The decedent was survived by two sons, one of whom was the administrator and the other, the cross petitioner, who also seeks letters of administration, d. b. n.

The application of the deceased administrator’s wife does not state whether she has been appointed his fiduciary; nevertheless, it is clear from SCPA 1001 (subd 4, par [b]) that the surviving son would have a prior right to receive letters of administration, d. b. n., even if…