Welcome to our web page on Letters of Administration. We hope you find this information of use. We are a firm who specialise in dealing with probate and estate administration work. At Seatons, we offer a helpful and friendly service with low fees that provide exceptional value for money. Please call us today for a free no obligation internet chat or use our online enquiry form.
If a close relative has died without leaving a Will and appointing an executor, a Grant of Letters of Administration will be required before banks, Building Societies and other similar organisations hand over the deceased’s assets. This guide will provide you with a brief overview of the application process to become an administrator, and the rights and responsibilities you will have in this area.
There are two main types of letters of administration:
- Grant of Letters of Administration – Letters of Administration are granted where the deceased died without a will, and the grant acts as authority for the administrator to act.
- Grant of Letters of Administration with Will – This Grant of Representation is appropriate where the deceased made a will but either failed to appoint an executor, or all the executors named in the Will have died or are unable to act.
The person who administers the estate is called the administrator and their role is very similar to that of the executor. Typically however, a Grant of Letters of Administrator need only be obtained if the value of the Estate exceeds £5,000.
The rules about who can become an administrator are very strict. If there is no valid will, the next-of-kin are eligible to apply in the following order of priority:
- Spouse/Civil Partner of deceased.
- Children of deceased.
- Grandchildren of deceased.
- Parent of deceased.
- Brother/Sister of deceased.
- Nephew or Niece of deceased.
- Any other relative.
It is important to note that unmarried couples, or same-sex partnerships who have not registered a civil partnership, will not usually be able to act as administrator unless they have been expressly appointed in a Will.
If there is a valid will, application can be made for letters of administration providing:
- The deceased left all of their estate to you in the Will, and
- The executors have not been appointed, or are unable/unwilling to act.
To obtain a Grant of Letters of Administration, the Court will normally require:
- The original will (if there is one).
- The oath or application form, completed and signed by the Personal Representatives.
- An Inland Revenue Account (IHT 205 or 400).
- A receipted invoice from the Inland Revenue that any Inheritance Tax has been paid.
There are also various forms to complete, some of which are quite lengthy to obtain a Grant of Letters of Administration. If a Personal Representative applies without using a Solicitor, they will need to obtain all the appropriate forms and then fully and accurately complete them. The Court will then want to interview the personal representative making the application for the Grant.
Once the Court is satisfied that the Grant application is all in order, it will issue an official Grant of Letters of Administration along with a number of sealed copies. We can sort this from start to finish for you.
For more questions on this area, contact us on 01536 276300 to arrange a free no obligation chat and receive a quote.
Please call us for a free no obligation chat about your estate and probate matter on 01536 276300 or 01536 311690 or use our online enquiry form.
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