Dying is not only the process of one person leaving this earth. What they leave behind has to be administered by the ones living, so the legacy of the deceased is safe after their death. The “Letters of Administration” are there for the same cause. Their presence ensures that if a person has died without leaving a will, their property is handed over to the right person. Any person is given the “Letters of Administration” will be allowed to manage the deceased person’s estate. Keep reading to find more about Letters of Administration.
Who Can Apply
A person’s spouse or their closest living relative can apply for the Letters of Administration. However, as the law is lenient regarding who can inherit and manage the deceased person’s “Estate,” almost anyone can apply for the Letters of Administration. But a court will always favor the spouse or living relative of the deceased person. Court also verifies that the person they entrust with the estate is a law-abiding citizen. However, as per the law, no foreigner can apply for the Letters of Administration. You can also find more about letters of administration at State Trustees.
Difference From Probate
Probate is only made when a deceased person named someone in their Will. Probate is an application that the executor files. However, the Letters of Administration are only requested by people when the deceased person has named no one in their Will. The Letters of Administration would give the complete authority to the receiver in the same way if they were named in the Will.
The Meaning Of Intestate
Intestate is the word used to indicate the person who died without writing a Will. This word is also used for those who had written a Will before leaving this world, but their Will doesn’t dictate who will inherit their property. Another use of this word is for a person who died after signing a Will, but their Will doesn’t declare the authority for a specific piece of their property.
If A Will Is Discovered Later
There are various circumstances a Will doesn’t show in front of the court at first. The court decides on granting the estate to a person with the Letters of Administration. But a Will may be found out later, and the court may be notified of it. In such a case, the court will be entitled to revoke its decision to grant the Letters of Administration. They will reallocate the property to the person who the deceased person named in their Will. The person who was given the Letters of Administration will be revoked from access to the property.
The Application Process
Applying for the Letters of Administration is difficult, but conditions can differ from person to person. The first step is thoroughly checking for a Will left by the deceased person. The court can verify that a no Will was found during the search. The next step is publishing a Notice of Intention on the website of the Supreme Court. You can then complete your application and file it to the court after 14 days have passed since you published the Notice of Intention.