Letters of Administration

Before probate can be granted, certain things must happen – specific documents must be obtained. One of these documents is the letters of administration. This is the document that allows the applicant to have control over the assets of the deceased. Although this is similar to a Grant of Probate, the letters of administration are used in situations when the deceased died intestate (without a will). It can also be used if there is a will but it is not deemed to be valid, if the executors do not wish to carry out their duties, or if there are no named executors.

Letters of Administration 300x199 Letters of Administration

In order to apply for the letters of administration, a PA1 form needs to be completed and this, along with payment and either a IHT205 or IHT400 (for inheritance tax), should be sent to the probate registry. Once this has been received, the administrator will need to attend an interview. The interview will require the administrator to swear an oath that all the information provided is accurate.

Not everyone can apply for letter of administration. The intestacy rules need to be looked into to see who has the right to apply. In most cases this will be the next of kin, and there is an order to follow. It starts with the spouse or civil partner (but not common law partners), and then moves onto any adult children. Next in line is the parents, siblings, grandparents, and uncles and aunts. The rules are that they must be over 18, but if the person who is entitled to the estate is under 18, there must be two people to apply for the letters of administration. 

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