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.

While requesting Letters of Administration, the permission of any beneficiaries who have an equal or greater level of interest in the estate of the decedent is required. The letters of consent from everyone who is eligible to apply but isn't filing one must all be included with the application.