When someone dies there can be a frightening amount of admin to deal with, along with all the difficulties and emotions that come with bereavement. It can seem even more complicated when someone dies without a will. If you’re the close relative of someone who died without writing a will, you may need to get a document usually known as Letters of Administration, naming you as an authorised person who can deal with their affairs. You may need to do this before distributing any money or property they owned, and dealing with any debts. This article explains when Letters of Administration are needed, how to get one, and how it fits into the probate process. It can seem daunting, but Trustestate can guide you through the steps to follow.
What is a Grant of Letters of Administration?
‘A Grant of Letters of Administration’ is a document that names the person (or people) who can legally deal with the money, property, investments and possessions of someone who died without a will. This is often shortened to Letters of Administration or sometimes a Letter of Administration. When someone writes a will, they write down what they would like to happen to everything they own after they die (called their estate). A will normally names the person or people who will be asked to sort out the estate after someone dies. These are called executors. If someone dies without a will, we say they died ‘intestate’. When someone dies intestate then their estate is shared out according to legal rules called ‘the rules of intestacy’. The rules allow married partners, civil partners and some other close relatives to inherit the estate. The letter of administration names an administrator who will have a similar role to an executor.
Do I always need Letters of Administration?
You don’t always need Letters of Administration if the person who died without a will didn’t own property or leave very much money. You’ll need one if they owned a house, flat or other property in their own name or as ‘tenants in common’. You may need it if they had more than a few thousand pounds in the bank – the exact amount will depend on the bank or building society. If the person did write a will there’s a different process – instead of a letter of administration you will need a Grant of Probate.
What’s the difference between an administrator and an executor?
Letters of Administration will name an administrator who has the authority to sort out the estate. A Grant of Probate gives the same rights to an executor (who already has some rights from the will). Administrators and executors have similar roles. The main difference is that administrators are responsible for following the rules of intestacy where there is no will, while executors must carry out the wishes outlined in the will.
Who can apply for Letters of Administration?
Not everyone can apply for Letters of Administration. It will normally be the closest relative to the person who died. This is usually one of the following.
The husband, wife or civil partner of the person who died will be the first choice. You can still apply if you are separated and/or living apart but you cannot apply if you are divorced or your partnership has been legally dissolved.
If there is no spouse or civil partner a child of the person who died can apply. This includes adopted children, but not stepchildren.
If there are neither of the above it may be possible for other close relatives, such as parents, brothers or sisters, grandparents, uncles or aunts to apply.
If you’re not sure who’s the closest living relative you can use this government tool.
How do I get Letters of Administration?
You can apply for Letters of Administration online or by post in England and Wales. Or you can let Trustestate do it for you. The probate registry charges a £300 application fee. Applying is part of the whole process known as getting probate. Before you apply you will need to register the death, find out if there is a will or letter of wishes, work out how much the whole estate is worth, and follow the rules regarding inheritance tax. There are different rules in Scotland and Northern Ireland.
How long will it take?
It can take around 16 weeks from applying to receiving Letters of Administration. The whole process of sorting out the estate of someone who has died can take many months, often between six months and a year. It will depend on how complicated the person’s affairs were.
What do I need to do as an administrator?
Once you have Letters of Administration naming you as an administrator you can sell any property, pay any debts, and share out any money, investments and possessions according to the rules of intestacy. This process of sorting out the estate is called estate administration. The time it takes will depend on how complicated the estate is. As an administrator, your tasks include:
Keeping everything safe: It’s your responsibility to oversee the property, money and possessions of the person who died.
Sharing out the estate: You’ll need to share out any money, property and possessions, following the rules of intestacy.
Settling debts: You will also need to pay off any outstanding debts, including taxes and creditor claims.
Communication: You should keep in touch with those who will inherit (or think they might inherit) about the progress sorting out the estate, and answer any questions they may have.
How Trustestate can help
Sorting everything out when someone dies without a will can be a challenging and overwhelming process, but it's important to make sure it's done correctly and legally. Let Trustestate take out the hassle for a fixed transparent fee. We offer a simple, streamlined service with expert support at every stage.
What we offer
Use our Complete Probate service and we’ll manage every stage of the process – we’ll take over all the admin, apply to the court for probate, and share out the estate. Or if the estate is simple and you have time, you can use our Grant of Probate service, and we’ll apply for probate using information you provide. Whichever service you choose, you’ll get dedicated advice every step of the way, and an online platform to keep track of everything. Book a free call with one of our experts to find out more.