Sunday, 22 March 2015

What does filing letters of administration mean when death occurs with no apparent will?

Question

What does filing letters of administration mean when death occurs with no apparent will?



Answer

If someone has a will that is presented for probate, that is called "letters Testamentary," Someone is appointed Personal Representative, (Executor) to administer the estate, and distribute the assets according to the terms of the Will. Letters can still be be issued and a z personal Representative appointed if there is no Will. But, they distribute the assets according to the state intestacy laws, which are basically by familial descent. Since the Personal z representative is chosen by the Court, and not the decedent, the Representative will likely have to post a Bond to protect the heirs from any mishandling of estate assets.

Good luck



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