Letters of Administration

Letters of Administration are documents issued by the Probate Registry authorising you to act as an administrator for the estate of a person who has died.

Letters of Administration are usually required when there is no will, no named executor, or when it’s not possible for the executor to take on the role. They are considered public documents and can be seen by anyone who asks.

Before any estate can be administered, the personal representative has to apply to the court for a legal document known as a Grant of Representation. Grant of Probate and Letters of Administration are both Grants of Representation.

A Grant of Probate or Letters of Administration gives the personal representative the legal authority to access bank accounts, manage property or other investments, and take care of any liabilities.

A Grant of Probate can only be issued to the named executor of the will. This means when there is no will or named executor the closest living relative or next of kin will need to apply for Letters of Administration.

There may be many circumstances where Letters of Administration are required after the death of a loved one.

The main reasons for requiring Letters of Administration include:

• The deceased left no will and their intentions are unknown.
• The will is ruled invalid by the court. The reason being, for example, the signature was not witnessed by 2 people.
• The will failed to name any executors, so no one is authorised to execute it.
• The executors named are unable or unwilling to fulfil the role.

The person who can receive Letters of Administration is normally the deceased’s next of kin. This is usually their surviving spouse or civil partner. An unmarried partner will not be eligible unless they are the sole beneficiary of the will.

Thereafter, the order of priority for family members goes:

• Child
• Grandchild
• Parent
• Sibling
• niece or nephew

If the relevant person is a minor or lacks the mental capacity, then other relatives will be prioritised.

Letters of Administration are not always required when the person dies without leaving a will. When the estate consists of only one or more of the following circumstances, you will not need to apply for Letters of Administration:

• Property jointly owned by tenants in common
• Jointly owned bank account
• Cash, trusts, and liquid assets
• Some life insurance policies
• Possessions, jewellery etc.
• Pension benefits in some cases
  There is also no need for Letters of Administration when the deceased was insolvent or if their debts and tax expenses exceeded the value of their assets.

If you are legally authorised to administer the estate after the death of a loved one you should receive your Grant of Letters of Administration within 16 weeks from the date of your application, however longer waits are common.

Once you receive the Letters of Administration you are legally authorised to manage the estate including distributing the assets in accordance with the will. If the deceased did not leave a will there are strict legal guidelines to follow when managing the estate. You may not do whatever you like with the estate.

It’s not a legal requirement to engage a solicitor to obtain Letters of Administration, but an expert probate solicitor can advise on all matters relating to estate administration, so you know you are carrying out your duties correctly.

The role of administrator is a serious responsibility and comes with many complex legal duties which can be particularly arduous at this distressing time. You will be personally liable for any legal mistakes when dealing with inheritance tax or problems with managing the estate after the Grant of Letters of Administration has been issued.