When is an administration required?

The administration of an estate is not always required

When a loved one dies, there are a few things to consider. One of the main issues is whether or not an administration is necessary. An administration is when someone is designated to act on behalf of the deceased person’s estate (an estate is a legal shorthand for “property”). The two probate processes that are available when an administration is necessary are:

NO Will: Application for Letters of Administration (typically filed with an Application to Determine Heirs)

VALID Will: Application to Probate Will and Issue Letters Testamentary

Some common issues that may require an administration include:

  • an estate has more than one debt;
  • there is a pending foreclosure or other pending litigation;
  • the deceased died because of an accident or someone else’s negligence;
  • the deceased owned property, bank accounts or has complicated assets such as a small business, and someone needs to act on behalf of the deceased.