A grant of letters of administration is a court document that establishes your authority to manage another person’s estate. After the paperwork is granted, you will have the authority to serve as the estate’s administrator, which includes the authority to shut bank accounts, sell property, and transfer assets to beneficiaries. Additionally, the documents may be referred to as a grant of representation, which refers to both a grant of letters of administration and a grant of probate.
Probate is a legal process which is often needed when a person dies. It gives an individual, or a group of people, the legal authority to deal with a deceased person’s property, money and possessions – known as their ‘Estate’. Probate is not required every time a person dies and examples of this include if the deceased passes all their assets to a surviving husband or wife or owns very little, known as a ‘small estate’.
When probate without a Will is needed, an application must be made to the court before the legal administration of the estate can begin. The person responsible for administering the estate is called the administrator, and they need to apply for a grant of letters of administration. In this article, letters of administration without a Will, we take a look at the process involved.
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What is probate?
Probate is the legal and financial process in England and Wales for dealing with a deceased person’s property, money, and possessions (assets).
Probate may be required before the next of kin or Executor named in the Will can claim, transfer, sell, or distribute any of the deceased’s assets.
Once Probate is obtained by a Grant of Probate or Letters of Administration, the next of kin or Executor can begin dealing with the deceased person’s property in line with their Will. If a person dies without leaving a Will, the law determines who should inherit everything.
When are Letters of Administration required?
If the deceased died without leaving a Will, the estate may require a grant of letters of administration. Additionally, it may be required if the decedent made a Will but the executors are incapable of managing the estate. In this situation, the document is referred to as a grant of letters of administration with affixed Will.
In general, letters of administration are required if the following conditions exist:
- There is no Will
- The Will has been declared null and void.
- There is no provision in the Will for executors.
The executors named in the Will are incapable of managing the inheritance alone.
If the deceased left a Will and you are one of the executors, you must seek a grant of probate instead.
Are there instances when letters of administration are not necessary?
A grant of letters of administration may not be required if the estate’s total value is less than £10,000 or if the estate consists solely of the following:
- Cash and personal property such as automobiles and jewellery
- Jointly owned property
- Jointly owned bank accounts
- Debts with a greater value than the underlying assets
- Policies of life insurance and pension benefits
How to obtain an administration letter
To get a grant of letters of administration, an application must be made to the probate registry. You can accomplish this alone if you are comfortable with paperwork and tax documents. However, if you’re concerned about making a mistake or simply want to expedite the process, you may be better off hiring an experienced probate solicitor.
The following are the key steps to obtaining a grant of letters of administration:
- Contact a probate solicitor about the valuation and specifics of your loved one’s estate.
- Following that, your probate application and tax documents are created and submitted to you for signature.
- The application is then approved by the probate registry.
After your application is approved, you will receive a letter of award of letters of administration by mail.
Who can apply for letters of administration?
Generally, the individual who stands to inherit the most under intestacy rules is the one who applies for a grant of letters of administration. This is often the surviving spouse or civil partner of the deceased.
If the deceased person has no living spouse or civil partner, another family member must make the application.
After the application is filed with the probate registry and approved, the individual named on the application is appointed as the estate’s administrator. This permits them to lawfully close accounts, sell property, and distribute assets.
What is the time frame involved in obtaining a Letter of administration?
If the case is straightforward, it typically takes roughly 30 days to obtain a grant of letters of administration. This process may take significantly longer for more complex estates.
After your application is granted and the grant is mailed to you, you’ll need to close accounts, sell property, and distribute assets to beneficiaries in accordance with intestacy requirements.
This process can take between three and twelve months, depending on the number of accounts in the estate and the number of properties that need to be sold or transferred, if any.
How we can help
We have a proven track-record of helping clients draft their Wills and deal with probate. This includes relatively straightforward estates and also complex estates where assets are held all over the world. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
Please click here to find out more about our Wills and Probate Services.
How to Contact our Wills and Probate Solicitors
It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of guiding you through the often emotional process of probate in a sensitive and supportive manner and help ensure you achieve a positive outcome.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form . We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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