Short answer. First, that notice was properly given. Then, after hearing the parties' proofs, the court must be satisfied the decedent left no will, or that there is no competent and willing executor, before it orders letters issued to the party best entitled.
What the law says
At the hearing of the petition, it must first be shown that notice has been given as hereinabove required, and thereafter the court shall hear the proofs of the parties in support of their respective allegations, and if satisfied that the decedent left no will, or that there is no competent and willing executor, it shall order the issuance of letters of administration to the party best entitled thereto.
Rule 79, Section 5 — Hearing and order for letters to issue. Read the full provision →
Notice comes first, as a threshold matter
Before the court gets into the merits of who should be appointed administrator, it must first be shown that the required notice was actually given, treating proper notice as a threshold requirement rather than a mere formality that can be addressed after the fact, once the hearing is already underway. This sequencing protects the interests of heirs, creditors, and other parties who did not appear — the hearing cannot simply proceed to the merits on the strength of whoever showed up, since the whole point of notice is to give absent stakeholders a fair chance to be heard before any decision on administration is made.
Two findings that unlock administration
Once notice is established, the court hears the parties' proofs on their respective allegations, and it may order letters of administration issued only if it is satisfied of one of two things: that the decedent left no will at all, or that there is no competent and willing executor available to serve under whatever will does exist. Either finding independently justifies proceeding to administration — a will's existence does not by itself block letters of administration if nobody named in it is both able and willing to take on the role.
Issued to whoever is best entitled
Where those findings are met, the letters are ordered issued to the party best entitled to them, meaning the hearing is not just a gatekeeping exercise but also the forum where competing claims to administer the estate get resolved in favor of the strongest of the several applicants before the court. Where multiple relatives or creditors seek appointment, this same hearing is where the court weighs their relative entitlement and settles on the one it finds best positioned to administer the estate fairly and competently. None of this forecloses a person who later discovers they had a superior right to administer the estate from seeking removal or replacement of the appointed administrator, since the hearing settles who is best entitled based on the record before the court at that time, not who might turn out to have the strongest claim once all facts eventually come to light.
Related provisions
- Rule 79, Section 5 — Hearing and order for letters to issue
- Rule 79, Section 3 — Court to set time for hearing. Notice thereof
- Rule 79, Section 6 — When letters of administration granted to any applicant