What condition supports issuing Letters of Administration with Will Annexed?

• A. There is no available executor and there is a will.
• B. There is a valid executor named in the will.
• C. The decedent died intestate.
• D. There is a will but an executor is named.

Answer: (A)

LAWA is used when there is a will but no executor available to act. The court needs someone to administer the estate and carry out the will’s terms, so it appoints an administrator with the will annexed to oversee the process. If there is a valid executor named in the will who is able and willing to serve, you would issue Letters Testamentary instead. If there is no will (intestate), you issue Letters of Administration without a will. If there is a will but the named executor is not available or cannot serve, LAWA becomes appropriate because administration must proceed under the will, even though the executor isn’t taking on the role.