The Indian Succession Act, 1925, Section 218 states that;
"If the deceased has died intestate and was a Hindu, Mohammedan, Buddhist, Sikh, Jain or an exempted person, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased 's estate.
When several such persons apply for such administration, it shall be in the discretion of the Court to grant it to any one or more of them. When no such person applies, it may be granted to a creditor of the deceased".
In simpler terms, when a testator of a legally valid Will dies without naming any one as an administrator for distribution of the properties etc., detailed in the Will, one of the beneficiary mentioned in the Will has to make an application for grant of Letters of Administration.
The procedure for grant of Letters of Administration is more or less similar to that of granting of a Probate. If no beneficiary court may consider issuing Letters of Administration to such comes forward but the application is filed by a creditor(s), the creditor(s).



