When an executor is named in a will and the executor is willing to undertake the task of administering the estate, an application for letters probate may be made. Applications for letters probate must be made where the testator or “will-maker” owned an interest in land either solely or as a tenant in common.
When a person dies without a will, or with a will that does not designate an executor, an application for letters of administration must be made so that the court may appoint someone to administer the estate.
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