What are Letters of Adminstration, c.t.a.?
A not uncommon occurrence in New York State probate proceedings is the "Petition for Letters of Administration, c.t.a." This proceeding in a New York Surrogate's Court occurs, usually, when the following four conditions are present:
There is a decedent.
That decedent left behind a valid Will.
In that Will, that decedent either:
(a) Failed to name somebody to serve as an executor of the decedent's estate, or
(b) Named somebody to serve as an executor and that named person is now unable to serve (for example, because they are dead) or is unwilling to serve.
4. There is a person interested in the decedent's estate that can serve.
If the above conditions are present, New York Surrogate's Court Procedure Act § 1418 allows for an interested person to serve as an Administrator in the estate, provided they are either: (1) the sole beneficiary of the decedent's estate by reason of the Will; (2) the residuary beneficiary by operation of the Will and/or New York Estates, Powers and Trusts Law; or (3) if no person in (1) or (2) exists, if any other person interested in the decedent's estate may serve upon a showing of good cause for them to serve.
Whenever this scenario occurs, a person listed above can file a Petition for Letters of Administration, c.t.a..1 This Petition will, generally, act like a Petition for Letters Testamentary, in so far as it is appointing a person to facilitate the disposition of the decedent's estate according to the terms of the Will, while also acting like a regular Petition for Letters of Administration, in so far as a person not appointed by the decedent will be the Administrator that facilitates such dispositions.
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If you are planning to file a Petition for Letters of Administration, c.t.a., in New York State, reach out to an experienced lawyer here at Estel Law today to discuss.
Notes
1. “C.t.a.” is a Latin abbreviation for cum testamento annexo, which translates as "with the will attached."