Loa
free legal service
(Querist) 05 June 2012
This query is : Resolved
what is d diference between LOA n probates of will.i want to know one basic diference betwn it.may be LOA can be taken by anybody but probates must be by excecutor and benificiary.IS IT CORRECT
ajay sethi
(Expert) 05 June 2012
Probate can be granted when deceased had died appointing a executor in the will.
While a letter of administration can be granted when:
1- deceased had died intestate.
2- the deceased has made a will, but has not appointed an executor.
Devajyoti Barman
(Expert) 06 June 2012
Well both Probate and LOA is applied for when the predecessor in interest has dies testate.
Wihout Will neither LOA nor Porbate is possible.
Probate can be applied for by the Executor named in the Will only. If the executor fails or refuses to discharge the duty then only the Legal heirs can apply for it.
But in LOA it is legal heirs who apply for it. It happens when there is no one named as Executor in the Will.
Basically it is the executor whose presence or absence determines the application for Probate or LOA.
free legal service
(Querist) 06 June 2012
SUPPOSE A PERSON DIED AND MADE WILL AND INCURRED HUGE DEBT.THEN CAN SUCH CREDITOR APPLY FOR LOA OR PROBATE OR EITHER OF ONE?
