Letters Of Administration

Letters Of Administration in United States

Letters Of Administration Definition

An instrument in writing, granted by the judge or officer having jurisdiction and power of granting such letters, thereby giving the admipistrator (naming him) full power to administer the goods, chattels, rights, and credits, which were of the said deceased, in the county or district in which the said judge or officer has jurisdiction; as also to ask, collect, levy, recover, and receive the credits whatsoever of the said deceased, which at the time of his death were owing, or did in any way belong, to him, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels, rights and credits, will extend, according to the rate and order of law. See Letters Testamentary.

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Legal Issue for Attorneys

An instrument in writing, granted by the judge or officer having jurisdiction and power of granting such letters, thereby giving the admipistrator (naming him) full power to administer the goods, chattels, rights, and credits, which were of the said deceased, in the county or district in which the said judge or officer has jurisdiction; as also to ask, collect, levy, recover, and receive the credits whatsoever of the said deceased, which at the time of his death were owing, or did in any way belong, to him, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels, rights and credits, will extend, according to the rate and order of law. See Letters Testamentary.

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Notice

This definition of Letters Of Administration is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

The formal instrument of authority and appointment given by the proper court, empowering a person to enter upon the discharge of his or her office as an administrator of an estate. They correspond to letters testamentary granted to an executor. See probate (in U.S. law). When someone dies without leaving a will (in U.S. law), a person who is over 21, of sound mind, and entitled by law to share in the estate, may ask to be appointed administrator of the estate. One does this by applying to the probate court for letters of administration.

Parties

The person who files an application for letters of administration is known as the petitioner (see more).

Necessary papers in application for letters of administration

Standard forms (in papers or by electronic filing) that must be prepared (see more)

Renunciation

Many states provide that a person who is entitled to letters of administration may renounce this right.

An individual does this by signing a simple printed form entitled, “Renunciation of Rights to Letters of Administration and Waiver of Citation. The waiver may read: “I….

do hereby renounce all rights to letters of administration on the estate of the said deceased and hereby waive the issuance of a citation in the above entitled proceeding.”

The “I” may be changed to “We” and several distributes may sign the same waiver. It is acknowledged in the presence of a notary. The renunciation makes it unnecessary to serve a citation on those who renounced.

Citations

All interested parties must be notified of the application for letters. The method of notifying them varies.

Issuance of letters of administration

If there is no opposition to the appointment of the petition as administrator, the court enters a decree directing that letters 268 of administration issue to the petitioner. The letters of administration serve the same purpose for the administrator as letters testamentary do for the executor. The attorney for the petitioner prepares the decree and the letters in the same manner as when a will is admitted to probate and letters of testamentary are granted.

As soon as letters of administration are granted, notice to creditors must be published. Be sure and .make appropriated^ ary entries arid suit register entries.

Administrator de boni non

Administrators de boni non administrates are, as the term signifies, persons appointed by the court of probate to administer on the effects of a decedent that have not been included in a former administration.

Administrator with the Will Annexed

One appointed administrator of deceased’s estate after executors named in the will refused to act.

(Revised by Ann De Vries)

What is Letters Of Administration?

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