Petition for Letters of Administration

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Most states require the use of official court-approved forms for petitions for letters
of administration. This template provides the substantive legal content to help you
prepare — but you must transfer your content to the official form required by your
local probate court before filing. Contact your county probate clerk or visit your
state court website for the required forms.
Do not file this document directly with the court.

PETITION FOR LETTERS OF ADMINISTRATION

(Intestate Estate)

COURT INFORMATION

State of: [________________________________]

County of: [________________________________]

Court: [☐ Probate Court ☐ Surrogate's Court ☐ Superior Court - Probate Division ☐ Circuit Court - Probate Division]

Case Number: [________________________________] (Court Use Only)

IN THE MATTER OF THE ESTATE OF:

Decedent's Full Legal Name: [________________________________]

Also Known As (AKA): [________________________________]

Deceased

I. PETITIONER INFORMATION

Name of Petitioner: [________________________________]

Relationship to Decedent: [________________________________]

Address:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___)___-____]

Email: [________________________________]

Attorney for Petitioner (if applicable):
Name: [________________________________]
Bar Number: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [(___)___-____]
Email: [________________________________]

II. DECEDENT INFORMATION

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Date of Death: [__/__/____]

Age at Death: [____]

Place of Death:
City: [________________] County: [________________] State: [____]

Domicile at Death:
Street: [________________________________]
City: [________________] County: [________________] State: [____] Zip: [________]

Social Security Number: [___-__-____]

Marital Status at Death:
☐ Married ☐ Single ☐ Widowed ☐ Divorced ☐ Legally Separated ☐ Domestic Partner

III. INTESTATE STATUS

A. Confirmation of Intestacy

Petitioner states under penalty of perjury:

☐ Decedent died WITHOUT a Will

☐ Decedent died with a Will, but the Will:
☐ Has been revoked
☐ Is invalid due to: [________________________________]
☐ Does not dispose of all estate property (partial intestacy)
☐ Cannot be located after diligent search

☐ A prior Will was probated, but Administration is now required for:
[________________________________]

B. Diligent Search for Will

Petitioner has conducted a diligent search for a Will in the following locations:

☐ Decedent's residence
☐ Decedent's safe deposit box(es)
☐ Attorney(s) who represented Decedent: [________________________________]
☐ Financial institutions
☐ Court records (prior filings)
☐ Family members
☐ Other: [________________________________]

Result of Search:
☐ No Will found
☐ Will found but invalid/revoked (explain): [________________________________]

IV. HEIRS AT LAW

A. Surviving Spouse

☐ Decedent was NOT survived by a spouse or domestic partner

☐ Decedent WAS survived by:
Name: [________________________________]
Address: [________________________________]
Date of Marriage: [__/__/____]
Separated at Death? ☐ No ☐ Yes

B. Children (including legally adopted)

☐ Decedent had NO children

☐ Decedent had the following children:

C. Parents

☐ Both parents predeceased Decedent

☐ Surviving parent(s):

D. Siblings

☐ Decedent had NO siblings

☐ Decedent had the following siblings:

E. Other Heirs (grandparents, aunts, uncles, cousins as applicable)

☐ None applicable

☐ Other heirs:

V. PRIORITY FOR APPOINTMENT

A. Petitioner's Priority

Petitioner's priority for appointment is based on:

☐ Surviving spouse
☐ Child of Decedent
☐ Parent of Decedent
☐ Sibling of Decedent
☐ Next of kin
☐ Creditor (45+ days after death)
☐ Other interested person: [________________________________]

B. Persons with Equal or Higher Priority

☐ All persons with equal or higher priority have consented or renounced
☐ Consents/Renunciations attached

VI. TYPE OF ADMINISTRATION REQUESTED

A. Administration Type:

☐ Full Administration (standard supervised or independent)

☐ Independent Administration (unsupervised)

• Available if all heirs consent
• Minimal court oversight

☐ Summary Administration (small estate)

• Estate value under $[________] (state threshold)

☐ Ancillary Administration

• Decedent domiciled in another state
• Assets located in this jurisdiction

B. Proceeding Type:

☐ Informal Appointment (UPC § 3-307)

• No hearing required
• Registrar appointment

☐ Formal Appointment (UPC § 3-402)

• Court hearing required
• Judicial determination

VII. ESTATE ASSETS (Preliminary Estimate)

A. Real Property

B. Personal Property

Estimated Total Estate Value: $[________________________________]

C. Known Debts and Liabilities

Estimated Total Debts: $[________________________________]

VIII. PROPOSED ADMINISTRATOR

A. Nominee Information

Name: [________________________________]

Address:
Street: [________________________________]
City: [________________] State: [____] Zip: [________]

Telephone: [(___)___-____]

Email: [________________________________]

Relationship to Decedent: [________________________________]

B. Qualification

The proposed Administrator:

☐ Has priority under state intestacy laws
☐ Is a resident of this state
☐ Is a non-resident (if permitted by state law)
☐ Is 18 years of age or older
☐ Is not incapacitated
☐ Has not been convicted of a felony (or explain): [________________________________]
☐ Is not otherwise disqualified

C. Alternate Administrator (if applicable)

Name: [________________________________]
Address: [________________________________]
Relationship: [________________________________]

IX. BOND

☐ Bond should be WAIVED because:
☐ All heirs consent to waiver (waivers attached)
☐ Estate consists entirely of personal property under $[________]
☐ Other: [________________________________]

☐ Bond should be REQUIRED in the amount of: $[________________]
(typically 110-150% of estate personal property value)

☐ Bond with PERSONAL SURETIES requested

☐ Bond with CORPORATE SURETY requested

X. SPECIAL CIRCUMSTANCES

A. Minor or Incapacitated Heirs

☐ No minor or incapacitated heirs
☐ Minor heirs exist (Guardian ad litem may be required):
Name(s): [________________________________]
Age(s): [________________________________]
☐ Incapacitated heirs exist:
Name of Guardian/Conservator: [________________________________]
Court and Case Number: [________________________________]

B. Unknown Heirs

☐ All heirs are known and identified above
☐ There may be unknown heirs (explain): [________________________________]

C. Non-Marital Children

☐ Not applicable
☐ Decedent has non-marital children: [________________________________]
Paternity established by: [________________________________]

D. Adopted Children or Adoption Issues

☐ Not applicable
☐ Adoption issues exist: [________________________________]

XI. REQUESTS

Petitioner respectfully requests that this Court:

☐ Determine that Decedent died intestate

☐ Determine the heirs of Decedent

☐ Appoint [________________________________] as Administrator of the Estate

☐ Issue Letters of Administration to the Administrator

☐ Authorize Independent Administration of the Estate

☐ Waive bond requirement

☐ Set bond in the amount of $[________________]

☐ Appoint a Guardian ad litem for minor/incapacitated heirs

☐ Other: [________________________________]

XII. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of [________________] that:

1. I am the Petitioner in this matter or am authorized to act on behalf of the Petitioner.

2. I have read this Petition and know its contents.

3. The matters stated in this Petition are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

4. Decedent died without a valid Will, or the circumstances described herein otherwise require administration.

5. I have made a diligent search for a Will and to identify all heirs at law.

6. The persons identified as heirs are, to the best of my knowledge, all of the heirs at law of the Decedent.

Executed on [__/__/____] at [________________], [____].

Petitioner Signature: _________________________________

Printed Name: _________________________________

XIII. CONSENT TO SERVE

I, [________________________________], consent to serve as Administrator of the Estate of [________________________________], Deceased. I understand my fiduciary duties and will faithfully perform them according to law.

Signature: _________________________________

Date: [__/__/____]

XIV. CONSENT AND WAIVER BY HEIRS

We, the undersigned heirs at law of [________________________________], Deceased, hereby:

☐ Consent to the appointment of [________________________________] as Administrator
☐ Waive notice of hearing
☐ Waive bond requirement

ATTACHMENTS CHECKLIST

☐ Certified Copy of Death Certificate
☐ Proof of Diligent Search for Will
☐ Consent/Waiver Forms from Heirs with Equal or Higher Priority
☐ Renunciation Forms (if applicable)
☐ Proposed Order Appointing Administrator
☐ Proposed Letters of Administration
☐ Notice of Hearing (if formal proceeding)
☐ Proof of Service/Mailing to All Heirs
☐ Bond (if required)
☐ Filing Fee Payment
☐ Family Tree/Genealogy Chart (if complex)
☐ Additional Exhibits: [________________________________]

STATE-SPECIFIC VARIATIONS

California: Use Judicial Council Form DE-111; administration "with will annexed" uses different forms
Texas: Independent administration requires all heirs to agree; no bond if all heirs consent
Florida: FAPS Form 3.100; summary administration for estates under $75,000
New York: SCPA § 1001; Letters of Administration issued by Surrogate's Court
Illinois: 755 ILCS 5/9-1 et seq.; Letters of Administration
Pennsylvania: Register of Wills issues Letters of Administration; $50,000 small estate limit
Georgia: Form GPCSF 3 for Petition for Letters of Administration

END OF PETITION