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What are Letters Probate or Letters of Administration?

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What are Letters Probate or Letters of Administration?

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Letters Probate and Letters of Administration are court orders that prove the authority of the person or persons named therein to deal with the property of the deceased person. Letters Probate are granted when the deceased left a will in which he or she named an executor. Letters of Administration are granted when the deceased died without a will. Letters of Administration with Will Annexed are granted when the deceased left a will but did not name an executor or the executor can not or will not act. In those situations, the court may name a person who applies for Letters of Administration to administer the estate. Letters Probate and Letters of Adminstration are a protection to anyone dealing with the estate. For example, if a bank pays all of the money to the executor named in the Letters Probate and instead of distributing the funds to the beneficiaries as directed in the will, the executor absconds with the money, the beneficiaries can only sue the executor, not the bank. However,

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