When an individual passes away, whether they have left a will (testate) or not (intestate), someone must be appointed to manage their estate. In the case of a testate death, a probate application is submitted to the court to appoint an executor who will carry out the provisions of the will. Conversely, when a person dies intestate, the process is different. For intestate situations, an administration petition must be filed in court to obtain letters of administration. The individual granted these letters must be someone entitled to all or part of the deceased’s estate, in accordance with the rules governing estate distribution.

Filing a petition for letters of administration is subject to legal requirements for heir consent in probate, which outline how the petition should be submitted and the necessary accompanying documents. The petition must include the following:

  • A certificate of death signed by a competent authority
  • An affidavit regarding the deceased’s domicile
  • The administrator’s oath
  • An administration bond
  • A certificate outlining the financial position of the sureties
  • The consent of the heirs
  • An affidavit, if applicable, when appointing a sole administrator as required by law

The law clearly states that these documents must be included with the petition. Failure to submit any of the necessary documents, including the consent of the heirs, will render the petition invalid.

When a petition for letters of administration is filed due to intestacy, it must be supported by written consent from heirs in probate cases, particularly from all individuals who would be entitled to the deceased’s estate according to the applicable inheritance rules. This includes heirs who would inherit either the entire estate or a portion of it. If an heir is a minor or an infant, consent must be obtained from their legal guardian, and this consent must accompany the petition.

In some circumstances, obtaining heir consent for estate settlement may not be feasible. For example, an heir may withhold consent, or it may not be possible to obtain it without undue delay or expense. In such cases, the petitioner must file an affidavit along with the petition. This affidavit should include the names and addresses of those whose consent has not been obtained, as well as the reasons for the unavailability of consent. This step ensures compliance with understanding consent laws in probate cases.

If consent is obtained after the petition has been filed and is submitted to the court later, this violates the legal requirements. In this scenario, the petition will be deemed incompetent from the moment it was lodged, and letters of administration will not be granted.

Obtaining informed consent from the beneficiaries of an estate is of utmost importance. Beneficiaries have a vested interest in the estate and may be affected by the decisions made by the administrator. They have the right to either provide or withhold their consent for anyone seeking letters of administration.

The law recognizes this right and mandates that heir consent is a critical requirement for probate approval in all applications for the grant of letters of administration in intestate matters. The mandatory nature of these legal provisions makes it clear that obtaining the consent document is essential to the application process. Failure to secure or submit this consent with the petition will result in the application’s invalidation.