Administration of An Estate On Death - Letters of Administration

Letters of Administration

The more important cases of grants of special letters of administration include the following:

Administration cum testamento annexo, where the deceased has left a will but has appointed no executor to it, or the executor appointed has died or refuses to act. In this case the court will make the grant to the person, usually the residuary legatee, with the largest beneficial interest in the estate.

Administration de bonis non administratis occurs in two cases:

1. Where the executor dies intestate after probate without having completely administered the estate
2. Where an administrator dies.

In the first case the principle of administration cum testamento is followed, in the second that of general grants in the selection of the person to whom letters are granted.

• Administration durante minore aetate, when the executor or the person entitled to the general grant is under age.

• Administration durante absentia, when the executor or administrator is out of the jurisdiction for more than a year.

• Administration pendente lite, where there is a dispute as to the person entitled to probate or a general grant of letters the court appoints an administrator till the question has been decided.