Simple English definitions for legal terms
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Administration letters are formal documents issued by a probate court to appoint someone to manage the estate of a person who has died without a will or when the named executor is unable to fulfill their duties. These letters originated in a law from 1357 that allowed the closest friends of the deceased to administer the estate, and later laws expanded this to include the surviving spouse or next of kin. There are different types of administration letters, including those appointing an administrator with the will annexed or an administrator concerning goods not yet administered.
Definition: Administration letters are a formal document issued by a probate court to appoint the administrator of an estate. These letters originated in the Probate of Testaments Act of 1357 and were later authorized by the Executors Act of 1529. They are used in cases of intestacy, where the decedent did not leave a will, or when the named executor is unable to fulfill their duties.
Examples: If someone dies without a will, the court may issue administration letters to appoint an administrator to manage the estate. Similarly, if the named executor in a will is unable to fulfill their duties, the court may issue administration letters to appoint a new administrator.
Explanation: Administration letters are important legal documents that give the appointed administrator the authority to manage the estate of a deceased person. They are necessary in cases where there is no will or when the named executor is unable to fulfill their duties. The examples illustrate how administration letters are used in practice to ensure that the estate is properly managed and distributed according to the law.
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