Similar to a Grant of Probate, the applicant will require both the original and a copy of the death certificate. If an application is made for Letters of Administration with the Will Annexed, the whole original will must also be submitted.
An affidavit from the
applicant and a motion for the granting of letters of administration must be
included with the application. As required by law, the affidavit will contain
precise information on the applicant, the dead person, and, if applicable,
their Will.
The affidavit must be
legible, adhere to all formal requirements, be page-numbered, and be sworn or
affirmed in front of authorized witnesses.
The affidavit will also
include a Rule 9b Statement of Assets and Liabilities of the Estate. The
Statement of Assets and Liabilities must be correct, the applicant must swear
under penalty of perjury.
A request for letters of
administration is more formal than a grant of probate due to letters of consent
and sureties.
Any beneficiaries who
have an equal or greater level of interest in the decedent's estate must give
their consent before applying
for Letters of Administration.
If I don't have a will,
what happens?
Every year, tens of
thousands of people experience a grief that is made worse by the lack of
precise instructions left by their loved ones regarding what should happen to
their estate in the case of their passing. These people then have to engage in
costly legal proceedings in an effort to figure out the situation.
According to research,
almost everyone assumes the incorrect people would benefit if they passed away
without a will. With or without a Will, the majority of married people believe
their spouse "automatically" receives everything they own.
Only if there is a Will
may married couples guarantee that their entire estate will be inherited from
one another.
The majority of parents
believe that if they both pass away before their child becomes 18, their
child's custody will go to a close relative. This is untrue because the court
decides "Who gets the custody of the child?" in such situations.