ESTATE ADMINISTRATION

Where a person dies leaving a will appointing an executor, the will must be admitted to probate and the executor formally appointed by the court. However, if no will is left, or the will is invalid or incomplete in some way, an administrator must be appointed. An administrator performs a similar role as an executor of a will, except that the administrator must distribute the estate of the deceased according to the rules laid down by the Probate Code.

Certain property falls outside the estate for administration purposes, the most common example being jointly owned property that passes by survivorship on the first death. Other examples include death benefits from pension funds, accounts with financial institutions subject to a nomination and the proceeds of life insurance policies. Trust property will also frequently fall outside of the estate but this will depend on the terms of the trust.

A court-appointed executor is issued a document called "Letters Testamentary" to evidence the appointment and authority to act for the estate. Administrators are issued "Letters of Administration: and serve the same purpose.