A person is appointed by the court to administer an estate when someone dies with a will that does not name an executor. The executor of this type must be able and willing, but it is often months before they are found in instances where there was no provision for one or if all alternatives have been refused because not everyone wants such responsibility!
What does it mean when a will is annexed?
When a will is annexed it means that the deceased person left an incomplete will did not name an executor or when the appointed executor refuses to probate and the court stepped in and appointed an administrator. When a will is left without a named executor then one is appointed during the probate court proceedings.
Who can apply for letters of administration with will annexed?
If a will is anexed, there can still only be one executor or administrator elected and they are the only person entitled to the estate (the applicant is the person who will be named in the probate) all the beneficiaries in the will (both who receive a specific gift and who get the residue) must be over 18.
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