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Simple English definitions for legal terms
letters of administration
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A quick definition of letters of administration:
Letters of administration is a paper that a court gives to someone to be in charge of a dead person's things. It's like a permission slip that says who can make decisions about the stuff the person left behind.
A more thorough explanation:
Letters of Administration
Letters of Administration is a legal document issued by a probate court that appoints an administrator to manage the estate of a deceased person who did not leave a will or appointed an executor. The document gives the administrator the legal authority to manage and distribute the assets of the deceased person according to the laws of the state.
For instance, if a person dies without a will, the court will appoint an administrator to manage the estate. The administrator will then apply for Letters of Administration to prove their legal authority to manage the estate. The document will allow the administrator to access bank accounts, sell property, and distribute assets to the heirs of the deceased person.
Another example is when a person dies leaving a will, but the named executor is unable or unwilling to serve. In this case, the court will appoint an administrator to manage the estate and issue Letters of Administration to the appointed administrator.
The examples illustrate how Letters of Administration work in practice. When a person dies without a will or an executor, the court appoints an administrator to manage the estate. The administrator must apply for Letters of Administration to prove their legal authority to manage the estate. The document gives the administrator the power to access bank accounts, sell property, and distribute assets to the heirs of the deceased person. The same process applies when the named executor is unable or unwilling to serve.