Sometimes a person dies without naming an Executor to deal with their estate. This can happen if the deceased person didn't prepare a Will or prepared a Will but didn't name an Executor. In other cases, a person may have named an Executor in a Will, but that person may be unable or unwilling to act as Executor.
In situations such as these, certain people can apply to the Court for authorization to act as Administrator of the estate.
A beneficiary or other interested person, usually the next of kin, may apply for Letters of Administration. The law sets out who has priority to apply for Letters of Administration - a spouse, then children, then grandchildren, then parents, and so on. A person applying for Letters of Administration must have the approval of other persons who have greater or equal rights to apply. Up to three people may apply to jointly administer the estate.
Documents similar to what an Executor files for Letters Probate must be filed. However, in these circumstances the court will issue...
The Court may require an Administrator to post a bond to help ensure that the estate is properly administered. A bond may not be necessary if all beneficiaries and creditors agree that it is not necessary.