Letters Of Administration: Frequently Asked Questions

By Author: Robert Deans
Total Articles: 246
Comment this article

1. Letters of administration - just what are they?

Letters of administration are the legal process through which an individual can attain the rights to access the estate and assets of a deceased individual in the event of their departure. It is required by law that letters of administration are obtained. Without the grant of letters of administration, the deceased's belongings can't be accessed.

2. Under which conditions are letters of administration mandatory?

Letters of administration are necessary only if the deceased individual has not left a last will and testimony which may be alluded to by both the next of kin and probate solicitors. If the deceased had written a last will and testimony, the deceased's executors need to submit an application for probate as opposed to letters of administration. It is under no circumstances necessary to apply for both probate and letters of administration, this is simply an alternative route if the will is not available. This could be due to the fact that a last will and testimony was not made by the deceased individual or as it has been subsequently ...
... lost.

3. Who can apply for the letters of administration?

In most cases it is the next of kin that'll be assigned the role of applying for letters of administration. In the case of the direct next of kin not being available the letters could be requested by a close relation. If that is still not possible, then a more faraway relation or even a companion may apply for letters of administration. Yet in some cases, very particular rules apply. For instance if the inheritor is a child the law declares that more than one person must fulfil this role. The individual who submits the application is then referred to as the administrator.

4. Who is meant to handle the probate process?

Although the probate process is normally managed by the administrator that applies for the letters of administration he or she might choose to obtain legal guidance throughout the process. This legal assistance provides direction and council through the probate process that has the potential to be extremely demanding on the administrator. Probate solicitors should have much experience in controlling comparable cases and will understand fully the intricate specifics of the probate process. The probate solicitor will also be able to relieve a number of the strains and stresses the deceased's loved one will without doubt be experiencing.

5. Will every case require an application for letters of administration?

No. If the total worth of the deceased's assets are below £5,000 then probate is not needed. Additionally, if all of the deceased's assets are owned jointly with evidence, probate isn't required. Probate solicitors will be able to offer more advice on this subject.

Resource Box:

This post was written by R. Deans on behalf of the Wills and Probate Service, expert probate solicitors who can provide letters of administration. For more info on letters of administration and probate solicitors please visit willsandprobateservice.co.uk