Today, we will talk about the petition for letters of administration with the will annexed.
This probate petition is used to request that a person who is to be appointed the personal representative of the estate of the deceased has not been named as executor in the will. The technical term for the position is administrator with the will annexed. This name is shortened and they are referred to as administrator C.T.A. In general the person appointed as the administrator C.T.A. has all of the powers of the executor.
Certain circumstances must be in place in order for someone to be appointed an administrator C.T.A., namely when the person named as executor in a will is unable or unwilling to serve. It may also occur when the executor resigns or dies while acting as executor of the will. When this is the situation the petition allows for a person who is not named in the will to be selected to serve as the estate’s personal representative.
It is important to note that there are actually two separate petitions that could be filed with the probate court to request an administrator C.T.A. The first one is the Petition to Probate Will in Solemn form and For Letters of Administration with the Will Annexed, to be used when the will was not previously admitted to probate. In cases where the will was previously admitted to probate, then the Petition for Letters of Administration with the Will Annexed should be used instead.
The petitioner will need to prove the will if the will was not previously probated. They would do this in the same way that an executor would, which we discussed in a previous issue. In cases where the will was admitted to probate before there is no need to prove the will. The only concern of the petitioner at that point is to prove that the proposed administrator C.T.A. is an appropriate person to administer the estate.
The beneficiaries of the will vote and the administrator C.T.A. is selected in that way. If one of the beneficiaries challenges the petition filed by another, or all them are not able to agree, the process can become complicated.
In the next issue, we will cover the petition for letters of administration. That is the first petition out of two that are used only when your loved one did not have a will.
Have More Questions?
Is the named executor of your loved one’s will either unwilling or unable to serve? Or maybe the beneficiaries of the will are unable to agree on a person to serve as administrator C.T.A?
Contact our office. We will guide you through the process. Use the form to request your free consultation.