• Where a will was made but does not name an executor or where one died without making a will;
• Persons connected to the deceased by marriage, such as the wife, or family members of the deceased. Priority is given to the widow/widower followed by persons entitled to the greatest share of the deceased estate including children who are above 18 years.
• Administrator general can apply for letters of administration.
• A creditor when no persons connected by marriage or consanguinity to the deceased are available. 

Note: Where a will was made but the executor was not named, the family members must elect a representative (s) to distribute the deceased property according to the will. And it is the representative that must apply to the court for letters of administration with a will annexed.

• Steal a will- this is punishable by imprisonment for up to 10 years. This means that the maximum period the convicted person can spend in prison is 10 years.
• Conceal a will- this is punishable by imprisonment for up to 10 years
• Destroy a will- this is punishable by imprisonment for up to 14 years
• Forge a will- this is punishable by imprisonment for life.

The law of succession involves the management of the property of a deceased person. There are two ways to deal with a deceased person’s property depending on whether at death they had left a will or not.

The authority given to an executor/executrix (a person named in the will to distribute the property) is called a grant of probate

The authority given to an administrator (person given authority to distribute the property of a person who died without a will) is called letters of administration.