This week we deal with the grant of letters of administration. The people entitled to apply for this grant are governed by law, as there is no valid will. A person who obtains this grant is called an "administrator." The persons entitled to apply for this grant in order of priority are:
• The surviving spouse of the deceased, including a spouse who is separated from the deceased, but not a divorced spouse
• The children of the deceased, including adopted children, although in some cases proof of paternity is required
• The grandchildren; then the great-grandchildren of the deceased.
Where there is no spouse or children, the parents, then the brothers and sisters, followed by the uncles and aunts and then the nephews or nieces of the deceased may apply for the grant. To obtain the grant, the following documents must be filed at the Probate Registry:
• An application for the grant made through an attorney-at-law
• Supporting affidavit by the administrator
• Copy of the death certificate
• Certified copy of the marriage certificate, birth certificate, paternity order or adoption certificate, whichever applies.
• Inventory of the estate, listing the items of property and the estimated value of the estate
• Certificate of search showing that no other application for a grant of representation has been made and there is no will lodged at the registry
• Filing fee receipt, showing the payment of the application fees; and consents or notices, which are used when there is more than one person entitled to apply for the grant, but not all of them are applying for the grant.
After this is done, the application will be advertised and if there is no objection, the grant will be issued by the court. After the grant is obtained, the administrator must pay the debts of the deceased and then distribute the remainder of the estate according to certain legal rules.
If there is a surviving spouse and no children, the estate will be distributed to the spouse. If there is a surviving spouse and at least one surviving child, then half of the estate goes to the surviving spouse and the other half will be distributed to the child or children in equal amounts.