Letters of administration are a vital tool in the probate process that allows an estate administrator to access the deceased’s assets. It also allows them to manage and distribute those assets to the decedent’s heirs.
To obtain Special letters of administration in probate, you’ll need to complete a petition and verifying form. Once you have all of the necessary information, it will be reviewed by a judge. It can take anywhere from six to eight weeks to get the letters of administration.
The Petition for Special Letters of Administration
Obtaining Letters of Administration in probate is a vital first step to settling the estate. These documents allow the necessary legal processes to begin after someone dies without a Will (an intestate estate).
The Petition for Special Letters of Administration requires an inventory and listing of the assets. It also lists any heirs, their relationship to the decedent, and other pertinent information.
Once the Petition is filed with the Court, it usually takes four to six weeks before Letters of Administration can be issued. However, there are cases where an urgent situation may require a shorter appointment of Letters of Special Administration.
A personal representative who is entitled to letters of administration must file a Petition for Special Letters of Administration with the Court in the county where the decedent had their primary residence. It is important to file the Petition as soon as possible after the decedent’s death so that a hearing date can be assigned.
The Verification
When someone dies, the probate court will appoint an estate administrator. This person handles all financial matters of the deceased’s estate, including paying bills and debts, gathering assets and distributing them to their beneficiaries.
When a person dies without a valid will, their estate is subject to state intestacy laws and can be difficult to manage. This can lead to extra time, money, and headaches for their loved ones.
To protect a decedent’s assets, some actions are only allowed when the personal representative requests probate court approval in writing. These include entering property the decedent was denied access to, discussing emergency financial matters with creditors or a mortgage company, and commencing a lawsuit on behalf of the estate.
The personal representative may file a Petition for Special Letters of Administration to request probate court authorization for these limited acts. These letters will be issued by the Court after a judge verifies the information in the petition and approves the request.
The Oath of Administration
The Oath of Administration is a great way to show that you have the proper legal authority to act as the executor or administrator of an estate. It also satisfies the requirements of institutions such as banks and title companies that require proof of an executor’s/administrator’s right to administer the decedent’s assets.
To get the oath, you must swear it before either a local probate registry or a commissioner of oaths (usually a solicitor’s office). The oath is a simple statement that you have been appointed as an executor and are entitled to access the deceased’s assets.
The Oath of Administration is the most important of all of the forms you must fill out to get a grant of probate. If you have questions about the process, you can talk to a staff attorney at the courthouse. They will be more than happy to assist you. The best part is that they won’t charge you a cent for it.
The Final Petition for Special Letters of Administration
If you are the closest relative to a deceased person, it is important to file for Letters of Administration as soon as possible. This will allow you to begin the probate process.
A special administrator (also called a personal representative) is appointed by the court to manage a decedent’s property and distribute it to their heirs or devisees. These letters are issued by the Surrogate’s Court and give you the legal authority to administer an estate.
Once the judge verifies your petition and confirms that you are eligible to serve, they will sign off on it and grant your request for Letters of Administration. If there are no objections, you should receive your order in the mail about 3 to 4 weeks after filing your petition.
You can check the probate court’s matter listing or “pickup list” to see if your petition has been granted. If the court has approved your petition, you will find the name of your decedent listed there as well as a status message that says “OK.”
