In re the Estate of Worms

OPINION OF THE COURT

Renee R. Roth, S.

At issue in this probate proceeding in the estate of Marie Worms is whether service of a citation on a nonresident, without court order, is valid under the requirements of SCPA 307 if made by United States Postal Service (USPS) Express Mail, return receipt requested.

Until 1995, service by mail was not proper without court order. But the governing statute, SCPA 307 (2) (b), was amended (L 1995, ch 481, eff Sept. 1, 1995) to provide, in relevant part, that a court order is unnecessary if service of process on a non*924resident is made by "mailing, including air…