What is Letter of Administration?

A letter of administration is a legal document that enables the person named to obtain property, money, and other possessions. It can be of a person who has passed away without leaving a will, paying any outstanding debts and taxes, and resolving any legal disputes. If you are that person, you will have to prepare the petition for letters of administration. So I think you must read this answer to know in detail about the process.

How to get letter of administration?

You will have to file an application in the civil court along with all the documents of deceased person. You will get to know in detail about the letter of administration process and documents required for letter of administration.

What are some important facts about the letter of administration?

• You might utilise any internet templates if you find it challenging to prepare a petition for a letter of administration.

• The legal authority to divide assets and settle debts of a person who passed away without leaving a will is granted by a letter of administration.

• The petition submitted for this document contains information about the assets' gross value, the total amount of outstanding debt, the petitioner's nationality, and other things.

• If the court determines that the deceased's will is unlawful, it could assign an estate administrator.

You are now aware of the petition of letters of administration and its process.

Hi pal,

My friend’s father died a few months ago. His family talked about the distribution of his property to their lawyer and he told them that they’d need to get the letter of administration first since he died without creating a Will. They were confused as they had only heard about probate. So, they asked them about the difference between the letter of administration and probate.

Their lawyer told explained these terms in simple words. A probate grant is a Supreme Court order, provided to an executor, that identifies the executor as an individual to deal with the property of a deceased individual. On the other hand, a Letter of Administration is provided to a person who is not named as executor in the will.

I also researched about the letter of administration and this is what I found out:

It is an official court document issued to give authority to an individual to administer all the properties of a deceased individual. It’s issued when an individual dies without leaving a Will. It gives a legal right to the individual to administer the properties of a deceased person. If there isn’t any executor of the Will, then the beneficiary can apply for a certificate of administration in the court.

For example, there are 3 types of people attached to the property’s inheritance: one is the owner of the Will, the second is the executor who helps execute the will, and the third one is a beneficiary.

The District Judge, within whose jurisdiction any property, immovable or movable, is located or the deceased stayed, immediately, before their death, shall be having the jurisdiction to deal with the petition.

You can refer to the previous answer to know about the letter of administration procedure in detail.

• Death Certificate of the deceased/testator.

• Aadhar Card of the deceased/testator.

• Ration Card of the deceased/testator.

• Aadhar of all legal heirs.

• List of Legal heirs.

• Documentary proof of the properties of the deceased/testator. If there’s Will then proof of the properties specified in the Will.

Read more:

I hope this answer cleared all your doubts regarding the letter of administration and probate.

If a person dies intestate, i.e, when a person dies without writing his will or without nominating an executor, in that case an administrator is appointed by the court to administer the estate of the deceased person through a Letter of Administration.

Through the Letter of Administration, the beneficiary gets the same administrative rights as the executor would have.

If only movable assets are involved in estate, then only Succession Certificate is required but in case estate involves movable and immovable, both the assets, or only immovable assets, in that case Letter of Administration is needed from the Court so that the estate of the deceased could be administered.

Now that you know letter of administration meaning , let us look at the situations under which Letter of Administration is granted:

• When the deceased has not left any Will.

• When the executor is not appointed in the Will by the deceased.

• When the appointed executor is legally incapable.

• When the executorship is not accepted within the prescribed time for such acceptance.

• When the executor dies before the administration of the estate.

Here are the situations under which Letter of Administration cannot be granted:

• To the person who is minor.

• To the person who is of unsound mind.

• Any association of individuals.

Following is the list of individuals who can be appointed as Administrator:

• Spouse of the deceased or any major family member with a sound mind.

• Those individuals can also be appointed as administrators who stand in equal degree of kindred, only they should not be minor or of an unsound mind.

• Multiple people can also be granted the Administrator ship at the court’s discretion, if necessary.

To obtain the Letter of Administration:

• One has to file an application in a Civil Court of the competent jurisdiction. 

• Details of the death, surviving legal heirs, beneficiaries, assets’ description and under which right the applicant is claiming, must be mentioned in the petition.

• Death Certificate, Property Documents and Relationship proof must support the petition.

• The petition will be examined by the District Judge and a notice is issued to the people, interested in the deceased’s property or a notice can be published in the newspapers to cite any objection.

• After all the requirements and legal aspects are fulfilled, the  Letter of Administration may be granted.

I hope now you have a fair idea of the letter of administration meaning, when it is granted and how to obtain a letter of administration.