A legal procedure known as probate is often followed when someone passes away leaving a will. Yet, their estate will go through intestate estate administration if they pass away without a valid will. Before the court appoints an administrator to supervise the administration and distribution of the estate, this process cannot start. The late person's assets, including bank accounts and real properties, can then be accessed and managed by the administrator.
How to request Letters of
Administration
Beneficiaries of an
estate must often request a Grant of Letters of Administration. Often, this
will be the departed person's surviving spouse, cohabitant, or children. The
deceased person's parents or sibling may apply if they do not have a suitable
spouse, de facto partner, or children. The procedure is comparable to asking
for a grant of
letters of administration intestate once it has been decided who will
request administration of an estate.
The applicant will need
both the original and a copy of the death certificate. The entire original Will
is also necessary if the application is for Letters of Administration.
The application must be
accompanied by an affidavit from the applicant and a motion for the granting of
letters of administration. The affidavit will include specific information on
the applicant, the deceased individual, and, if relevant, their Will as needed
by law.
The affidavit must
contain accurate information and adhere to all formal standards, including
being page-numbered and being sworn or affirmed in front of authorized
witnesses.
A Rule 9b Statement of
Assets and Liabilities of the Estate will also be included in the affidavit.
The applicant must declare under penalty of perjury that the Statement of
Assets and Liabilities is accurate.
Letters of consent and
sureties are the paperwork that makes a request for letters of administration
more complicated than a grant of probate.