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Letter Of Administration Without Will Template for United States

A Letter of Administration Without Will is a legal document issued by a U.S. court that authorizes an administrator to manage and distribute the estate of a person who died intestate (without a valid will). This document, governed by state-specific probate laws, grants the administrator legal authority to collect assets, pay debts and taxes, and distribute the remaining estate to legal heirs according to state intestacy laws. It serves as official proof of the administrator's authority when dealing with banks, government agencies, and other institutions holding the deceased's assets.

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What is a Letter Of Administration Without Will?

A Letter of Administration Without Will is required when an individual dies without leaving a valid will (intestate) and their estate needs to be managed and distributed according to state law. This document is issued by a state probate court after determining the appropriate administrator and verifying the deceased's intestate status. It empowers the administrator to act on behalf of the estate, including gathering assets, paying debts and taxes, and distributing remaining assets to legal heirs as determined by state intestacy laws. The letter serves as official verification of the administrator's authority when dealing with financial institutions, government agencies, and other entities holding the deceased's assets. The process is governed by state-specific probate laws and may vary by jurisdiction, with some states offering simplified procedures for small estates.

What sections should be included in a Letter Of Administration Without Will?

1. Court Information and Jurisdiction: Identifies the issuing court and establishes its jurisdiction over the estate

2. Deceased Person's Information: Full legal name, last known address, and date of death of the deceased person

3. Administrator Details: Full legal name and address of the appointed administrator

4. Declaration of Intestacy: Statement confirming that the deceased died without a valid will

5. Grant of Authority: Formal statement granting administrative powers to the named individual

6. Scope of Powers: Detailed outline of the administrator's powers and responsibilities

7. Bond Information: Details of any administrator's bond required by the court

8. Certification: Official court certification and seal

What sections are optional to include in a Letter Of Administration Without Will?

1. Co-Administrator Appointment: Required when multiple administrators are appointed to manage the estate

2. Limited Powers Statement: Used when the court restricts the administrator's powers in specific ways

3. Foreign Estate Assets: Required when the deceased owned property in other jurisdictions

4. Special Court Orders: Included when the court has issued specific directives regarding estate administration

5. Survivor Rights Statement: Required in community property states or when surviving spouse has specific statutory rights

What schedules should be included in a Letter Of Administration Without Will?

1. Schedule A - Estate Assets: Preliminary list of known estate assets and their estimated values

2. Schedule B - Known Creditors: List of identified creditors and estimated claims against the estate

3. Schedule C - Statutory Heirs: List of legal heirs according to state intestacy laws

4. Appendix 1 - Death Certificate: Certified copy or reference to the filed death certificate

5. Appendix 2 - Bond Documentation: Copy of the administrator's bond if required

6. Appendix 3 - Court Orders: Copies of any supplemental court orders related to the administration

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Cost

Free to use

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