CHAPTER 3
 
 
LETTERS OF ADMINISTRATION

 
 
 
 
B. Letters of
Administration
c.t.a., d.b.n.,
and d.b.n.c.t.a.

If a decedent has left a Will which does not name an executor, or where the Will names an executor who is no longer living or is unable to act for any reason, and there is no successor named, the Register will issue Letters of Administration c.t.a. (cum testamento annexo — with the will annexed) to the residuary legatee or the nominee of the residuary legatee — that is, the person appointed will administer the estate according to the decedent's wishes found in the Will. A prospective administrator c.t.a. should complete a Petition for Grant of Letters (Appendix A, Form No. 1), modified to indicate the type of letters sought and the capacity in which the petitioner is applying.

If an administrator is appointed but cannot complete the administration of the estate (because of death, incapacity, etc.), the Register will issue Letters of Administration d.b.n. (de bonis non — of goods not [yet administered]), to a successor. The person appointed will complete the administration. The Register will appoint as Administrator d.b.n. the person who would have been entitled to Letters of Administration.

If an executor is appointed but cannot complete the administration of the estate due to death, illness or other cause, and no successor is named in the Will, the Register will grant Letters of Administration d.b.n.c.t.a. (de bonis non cum testamento annexo — of goods not yet administered, with the will attached to the person or persons entitled to the residuary estate under the Will. An executor wishing to resign prior to the completion of the estate administration should file a Petition for Leave to Resign as Executor (Appendix B, Form No. 3).

 
 
 

 
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