When a will names an executor and that person is willing to undertake the task of administering the estate, the executor applies to the court for letters probate. Although probate might not be necessary in the case of some small estates (less than $25,000), applications for letters probate must be made where the 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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