|| Letters of
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).