What is a 'citation by publication' and when is it used?

• A. A notice published in a newspaper when personal service is possible.
• B. A notice posted on the courthouse door.
• C. A notice mailed to all known heirs.
• D. A notice published in a newspaper when personal service cannot be accomplished or when interested parties cannot be located.

Answer: (D)

Citation by publication is the method used in Surrogate's Court to give notice of a proceeding when you cannot serve someone personally or locate the interested parties. It involves publishing a notice in a newspaper of general circulation, detailing the matter, the court, and when and where to appear, so those potentially affected learn about the proceeding through public notice. This provides constructive notice and helps ensure due process when direct service isn’t feasible. After publication, an affidavit of publication is filed with the court to prove that notice was given. It’s specifically used when personal service cannot be accomplished or when interested parties cannot be located; if personal service is possible, that would be used instead.