Letters of Administration When There is No Will
It might be difficult to adjust to losing a close friend or family member. Along with managing challenging emotions, you might also need to take care of their business and carry out their final requests.
You can begin the process of settling or "administering" your loved one's estate if they left behind a final will and testament. But it might be difficult to know what to do if they passed away "intestate," or without a will.
What is the first step?
Letters of administration, which are legal documents that authorize you to act on behalf of a decedent’s estate, are required before you can administer and distribute their estate.
What are administrative letters?
A legal procedure known as probate is often necessary when someone passes away. If they had a will, the probate court will review it and appoint the named executor in the will to administer the estate. However, if there is no will, the court will need to appoint someone to handle the intestate estate administration.
Before the probate court appoints an administrator to supervise the administration and distribution of the estate, he or she needs to apply for the position. Letters of administration become relevant in this situation.
A letter of administration is a legal document issued by the court that designates someone as the estate administrator. The administrator can access a late person's assets, including bank accounts and real properties, when they have these authorized letters.
What distinguishes an executor from an administrator?
Both an executor and an estate administrator are in charge of allocating an estate's assets, although they are given their responsibilities in different ways.
An administrator is chosen by the court, whereas an executor is named by the writer of a will. An administrator decides who gets the decedent's assets based on state law, as opposed to an executor, who follows the directions the decedent made in their will.
Why do I need letters of administration?
Letters of administration provide you the right to access your deceased loved one's property and bank accounts if you are the administrator of their estate.
For instance, before releasing the contents of the deceased's checking or savings account, you’ll need to present a letter of administration to the bank.
These assets can then be managed as a part of the estate and given to the deceased person's heirs once you access them.
It's critical to understand that a letter of administration does not grant you unrestricted access to the assets of the decedent's estate. Again, the assets of the estate must be distributed in accordance with the state's intestacy rules instead.
Circumstances that call for letters of administration
Letters of administration are required in a number of circumstances, such as the following situations.
- A person passes away without a will
- The decedent left a will, but did not name an executor, or the named executor cannot or is unwilling to serve in this capacity
- The court declares a will void
In these situations, selecting an administrator will be up to the local court. The next of kin, such as a spouse or adult child of the decedent, will often be selected by the court if no one volunteers to act in the role.
How to obtain letters of administration
Obtaining letters of administration requires preparation and time. Basically, you’ll need to take the following steps.
- Consult with the surviving family members
The administrator, as noted, is typically the surviving spouse or next of kin. Let's assume that you have been appointed to serve as the estate administrator in this instance.
You should initially get in touch with the deceased's relatives and anybody else who could gain from the inheritance. They'll be your greatest sources for learning which assets, such as real estate, bank accounts, and other personal items, are included in the estate.
- Compile the relevant paperwork
Once you have a general sense of the estate's contents and the potential participants, you should compile all the information required and submit an application for letters of administration.
Typically, this information comprises:
- The deceased person's death certificate
- Proof of all financial accounts (such as letters from banks or copies of credit card statements)
- Evidence of all investments (such as stock or bond certificates)
- Insurance contracts
- Copies of all real estate titles (like home deeds, car titles, and the like)
- Proof of all loans and debts (like letters of credit from lenders)
Send in your application
Once all the necessary documentation has been acquired, you must receive an authorization for your letters of administration application from your neighborhood court or jurisdiction. The local probate court will get this form once it has been completed and filed.
Show up in court
Typically, a judge will review the request at a court hearing to make sure it complies with all the required criteria. If you're making a request to be the estate administrator, you must appear at this hearing.
Obtain the court’s approval
The court will approve your request and provide you with letters of administration after verifying the details of your request and determining that you are qualified to act as administrator.
Call an Estate Lawyer Today
If you have questions about estate planning or probate, always consult with a lawyer, so you’re clear about your rights.