Decedent was survived by her husband and decedent's 5 children from prior marriage. Surviving spouse is appointed administrator, and dies prior to completing administration of estate. Does SCPA 1001(4)a give priority to the executor of the deceased administrator's estate to be appointed as Administrator d.b.n., since the surviving spouse had priority over the decedent's children under SCPA 1001(1)? Maria Gasparis, Esq. Managing PartnerTSUNIS GASPARIS LLP2929 Expressway Drive North, Suite 103 Islandia, New York 11749(631) 582-4000 (631) 582-4081 Fax Our offices are located at the CITIZENS BANK BUILDING in Islandia, NY. THIS MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND MAY BE PRIVILEGED OR OTHERWISE PROTECTED FROM DISCLOSURE. NO CONFIDENTIALITY OR PRIVILEGE IS WAIVED OR LOST BY ANY IMPROPER TRANSMISSION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR AGENT OF SAME, PLEASE TELEPHONE OR EMAIL THE SENDER, AND DELETE THIS EMAIL AND ANY ATTACHMENTS FROM YOUR SYSTEM. IF YOU ARE NOT THE INTENDED RECIPIENT YOU ARE PROHIBITED FROM COPYING THIS MESSAGE OR ATTACHMENT OR DISCLOSING THE CONTENTS TO ANY OTHER PERSON Tax Advice Notice: The Department of Treasury recently revised guidelines for tax practitioners known as Circular 230. In accordance with these guidelines, you are hereby advised that any tax advice contained in this email , including any attachments, is not intended or written to be used, nor can it be used for the purpose of (i) avoiding any tax-related penalties under the Internal Revenue Code or (ii) supporting, marketing or recommending any tax-related matters contained in this communication