How do I obtain a Letter of Administration?

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How do I obtain a Letter of Administration?

My aunt left a will listing me as beneficiary, following her mother and brother who both predeceased her. She retired from her job in NY and was a member of a union that pays a death benefit of $1,000. I provided the union with a copy of the Will, the death certificates of my aunt and her mother and brother. Now the union is requesting that I supply them with a “Letter of Administration” with a raised seal. How do I obtain a Letter of Administration? I live in CA which is where my aunt lived out her final days, passed away here, and is buried here.

Asked on November 20, 2010 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  There is a Will here, correct?  Who is the Executor?  That person has to apply for Letters Testamentary (when there is a Will) from the Probate Court in the County in which the decedent (your Aunt) resided at the time of her death.  Was she a legal resident of California?  Then do it there.  If the named Executor is not alive any longer then you can apply to be the Executor.  Now, if your Aunt sis not have much you may qualify for a Small Estate proceeding which is less expensive and less time consuming.  There may also be other expedient ways to deal with it. I might seek help here just for advice.  Good luck.


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