Short answer. You apply by filing a petition for letters of administration, which only an interested person may do. The petition must show, so far as known, the jurisdictional facts; the names, ages and residences of the heirs; the names and residences of the creditors; the probable value and character of the estate; and the person for whom letters are sought.
What the law says
A petition for letters of administration must be filed by an interested person
Rule 79, Section 2 — Contents of petition for letters of administration. Read the full provision →
What the law says
But no defect in the petition shall render void the issuance of letters of administration.
Rule 79, Section 2 — Contents of petition for letters of administration. Read the full provision →
Who may file the petition
Rule 79, Section 2 begins with standing: A petition for letters of administration must be filed by an interested person. A stranger to the estate cannot ask to run it. An heir plainly qualifies; so does a creditor of the decedent, since the administration is how creditors get paid. Letters of administration are the route when there is no will to probate, or when a will exists but no named executor is able to serve — the court appoints an administrator to take charge of the estate, and this petition is how the appointment is set in motion.
The four things the petition must show
The petition must show, so far as known to the petitioner: (a) The jurisdictional facts; (b) The names, ages, and residences of the heirs, and the names and residences of the creditors, of the decedent; (c) The probable value and character of the property of the estate; (d) The name of the person for whom letters of administration are prayed. The jurisdictional facts are what let this particular court act — the fact of death and the circumstances that place the settlement in that court. The heir and creditor lists drive who gets notified; the probable value guides, among other things, the bond the appointee will post.
“So far as known” — and why defects do not void the letters
Notice how forgiving the standard is. The petitioner states these matters only so far as known — nobody is expected to have a complete creditor list or an exact valuation at the start. And the section closes with a safety valve: But no defect in the petition shall render void the issuance of letters of administration. An omission or error in the petition can be corrected in the proceeding, but it will not retroactively strip the appointed administrator of authority. What the administrator did for the estate does not unravel because the opening pleading was imperfect.
Preparing to file
Before drafting, gather what the four requisites call for: proof of death, the family tree with ages and addresses, what you know of the decedent's debts and to whom, and an honest estimate of what the estate contains and is worth. Decide, too, who should be named as the proposed administrator, because the petition must pray for a specific person. Expect the petition to be heard rather than granted on filing — other interested persons may appear, oppose, or ask that someone else be appointed — so a lawyer will want the supporting documents lined up before the petition goes in.