If my mother recently passed away, how do I get Letters of Administration stating that I am a beneficiary?

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If my mother recently passed away, how do I get Letters of Administration stating that I am a beneficiary?

She did not have a Will but she had life insurance. To recieve benefits from one of the life insurance policies, they are requesting that I have to get Letters of Administration or a small estate affidavit saying who is entitled or who is a beneficiary. The estate is less then $150,00, and my sister started selling everything online 4 days after my mom passed.

Asked on January 29, 2015 under Estate Planning, California

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  You need to file a Petition for being appointed as the Administrator of your Mother's estate in order to obtain Letters of Administration.  While I would say that because the estate is a small estate it would be easier to use the affidavit, I think you may need to open something in court to stop your sister from dissipating estate assets before they are distributed evenly.  I would seek consultation from a lawyer in your area who can look at all the facts.  Good luck.


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