A formal court document known as Letter of Administration is used to grant someone the authority to administer the whole estate of a deceased person. It is produced when a person dies intestate, or without leaving a will. A grant of letters of administration intestate is used to confer the right to administer a decedent's estate. The beneficiary may get a letter of administration from the court if the will does not appoint an executor.
The estater (the person
who created the will), the executor (who assists in the execution of the will),
and the beneficiary are the groups of people who are involved in the
inheritance of property.
In the following
circumstances, a Letter of Administration request may be made:
·
when there is no volition;
·
when the executor fails to assume the
position of executor within the designated time limit or refuses to do so;
·
lack of an executive appointment in a
will;
·
when the executor declines to act or is
not legally able to do so;
·
when the executor dies and the estate is
not yet handled.
Individuals Who Might Get
a Letter of Administration
The court may grant
administration of the estate to anyone who would be entitled to the entirety or
any portion of it under the rules for distributing estates that applied in the
case of a deceased who was a Hindu, Buddhist, or Jain, or an exempt person, and
who died intestate. If more than one of these individuals applies for such
administration, the court may choose to grant it to any one of them. If none of
these parties submit an application, it can be granted to a creditor of the
decedent.