If a person dies intestate (without a will) as the sole owner of property then their estate must be probated. A qualified person must apply to be appointed Administrator and will be issued Letters of Administration. The letters give the Administrator the authority to handle the estate property.
(Without these letters you can not do anything with the deceased's property.)
"Letters of Aministration" is the formal name for the document that a probate court issues to a person who is appointed to handle the estate of a decedent who died without a will. "Letters Testamentary" are issued to executors when there is a will. To apply for Administration, the local probate court will usually have application forms you can fill out. You will need to know certain information about the decedent and the names and addresses of the heirs at law. These are usually his closest blood relatives. You might even have to know the approximate value of the estate, since the court will probably order the administrator to post a surety bond in at least that amount. You must also bring a sealed copy of the death certificate and your checkbook, since there will be fees to pay. Later you can reimburse yourself out of the estate. ===Additional Answer=== In England when somebody dies if there assets are over a certain amount Probate must be applied for. There are two types of Probate, one is Probate where there is a Will whereby the executors of the Will apply for a Grant of Probate, the second is where there is no Will and the person responsible becomes known as the Administrator and applies for a Letter of Administration (or Letters of Administration). Most financial institutions will allow a surviving relative to complete a "Small Estates Indemnity" form if the deceaseds persons assets are under £5000. In either of the two probate scenarios detailed above an estate account must be sent to the Inland Revenue before Probate will be granted. To compile an estate account you need Inland Revenue form IHT205, there are certain questions on this form that if answered a certain way will tell you to stop filling in this form and compile a full estate account on form IHT200 instead (IHT200 will soon change to IHT400, both are accepted until Oct 2009). If you do manage to complete the IHT205 the estate will be known as an excepted estate. Please note by becoming the Administrator or Executor you are becoming personally liable for a persons debts so we strongly advise you to seek professional help. For more details please visit us at www.iwc-ltd.co.uk/probate.html. ===Clarifiation=== A failure or omission on the part of the executor or administrator can lead to personal liability. However, they are not in general personally liable for the debts of the decedent. They are personally liable for performing all their duties in a lawful and reasonable manner. If they have done so they are not personally responsible to pay a shortfall. If the executor has inadvertently distributed the assets of the estate to the beneficiaries without paying all the creditors then the creditor could pursue the executor personally. That rule is common to the UK and the US. Oversight by a professional who is an expert in probate law should always be a part of the probate process.
No. If the court has already appointed an executor that means there was a will and the estate is being settled by the executor. An administrator is appointed when there is no will. Also, a court would not appoint any estate representative unless it had removed the existing one for some reason.
The administrator of the estate is the one the court will provide letters of administration to. Only a certain class qualifies including heirs-at-law, creditors or a public administrator.
Good afternoon, could you please inform me what type of Letters of Administration do I need for a small estate? Thank you
At the probate court in your county. They will issue the letters of administration for the estate.
A "letter of administration" is a document issued by the probate court to the person who is to administer an estate where there is no will. It proves that that person is officially the one to deal with concerning the estate. "Letters testamentary" is the name of the same type of document that is issued to an executor where there is a will.
Apply to the probate court. They will appoint an executor and the estate will be distributed according to law.
To become an executor of an estate in Colorado, you need to be named as such in the deceased person's will. If you're not named, you can still apply to the probate court to be appointed as an executor. This involves filing a petition with the court and providing necessary documentation, such as the death certificate and the will. It's advisable to consult with an attorney familiar with Colorado probate laws to guide you through the process.
Apply to the executor of the estate. If there was no will, you would open the estate with the court, and you could ask to be the executor. You will also have to liquidate all of her debts.
You fill out an application at the probate court. If there are no objections, the court will grant letters of authority.
You need to get a copy of your Mother's will to prove that you are an executor of her estate. If there is no will you need to apply for an appointment as an executor so that you can handle her estate matters.
You can apply to be appointed executor of your father's estate. The court will issue a letter of authority. You will be required to distribute the estate according to the intestacy laws of the state.
The correct office that the daughter could apply for is 'Administrator'. An 'Executor' is only appointed when there is a will.
You apply to the probate court. There is normally a package of documents that have to be filled out and submitted to the court. Consult a probate attorney for specifics.
It will depend on the laws in their jurisdiction. Most have an expiration date associated with them. The executor can apply for an extension and will have to submit annual accounting, as well as pay taxes on the estate.
You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.