How do you apply for a letter of administration?


Quick Answer

A letter of administration is granted by the court in inheritance cases where there is no executor or the originally appointed executor is unable to perform his duties properly, according to Legal Dictionary. This appointment is issued via a short document.

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Full Answer

In many cases the court system is required to make a ruling on issues of inheritance and estate management. In the majority of cases, these rulings are handled by the probate court, according to Legal Dictionary. In typical cases, the inheritance is straightforward and follows the wishes of the deceased. However, in some situations, there is no will and no appointed executor. When this happens, it becomes necessary for the probate court to appoint an administrator.

The court appoints an administrator via a letter of administration in cases which are interstate, states Legal Dictionary. In these cases, the court divides the property and assets according to a established set of rules and bylaws. First, any debts are paid off and all estate taxes are paid via the estate's assets. After these payments, the legal heirs divide the remaining assets according to established ranking. Heirs include blood relatives, adopted relatives and spouses. Each state has its own statutes describing the order of descent.

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