A Letter of Administration is a formal court document that is used to provide someone the right to manage the whole estate of a deceased individual. It is given out in the event of an intestate death without leaving a Will. The authority to manage an estate is granted through the letter of administration. When there is no executor named in the will, the beneficiary may ask the court for a letter of administration.
There are three
categories of individuals involved in the inheritance of property: the estate who
is the owner of the will, the executor who aids in the execution of the will,
and the beneficiary.
We must first comprehend
the circumstances under which a petition for applying
for letters of administration may be submitted.
When to apply for letters
of administration?
A request for a Letter of
Administration may be made in the following situations:
·
when a will is absent;
·
When the executor refuses or neglects to
accept the role of executor within the allotted time frame;
·
the absence of a will's executive
appointment;
·
when the executor refuses to act or is
unable to do so legally;
·
when the executor passes away before the
estate is administered.
How Do I Apply for
applying for letters of administration?
The District Judge who
has jurisdiction over any real estate, whether movable or immovable or in whose
district the deceased resided immediately prior to his death, shall have the
authority to hear the petition.
What laws apply in this
situation?
All legislation relating
to letters of administration and probate is governed by the Act. According to
the Act:
When an executor,
residuary legatee, or representative of a legatee does not exist, declines to
act, is incapable of acting, or cannot be located, it deals with the grant of
administration.