What must be included in the petition to obtain Letters of Administration with Will Annexed?

• A. The original will and codicils, decedent's death certificate, evidence that there is no available executor or consent to administration with will annexed, and notices to interested parties with waivers if appropriate.
• B. The original will only.
• C. A list of creditors.
• D. Applications from potential administrators.

Answer: (A)

When seeking Letters of Administration with Will Annexed, you must show why an administrator is needed despite the presence of a will. The petition should attach the decedent’s original will and any codicils to prove the testamentary disposition and who is named to administer the estate. It also must include the decedent’s death certificate to establish the factual basis for probate and link the will to the deceased. Because there is no available executor to carry out the will, the petition must present evidence that no suitable executor can or will serve, or that the named executor has consented to administration with will annexed. To protect interested parties and move the process along, the petition must also include notices to those who have an interest in the estate, with waivers if appropriate, to show that they have been informed and have given up or waived rights to further notice. The combination of the will and codicils, the death certificate, proof of no available executor (or consent to administration with will annexed), and notices to interested parties with waivers is what the court requires to grant Letters of Administration with Will Annexed.