Powers Granted in Letters of Administration

Powers Granted in Letters of Administration

There are a number of reasons in cases of probate for individuals to seek Letters of Administration.  A Grant of Letters of Administration may be requested by the next-of-kin in a case where the deceased has died intestate (without a will). This Grant can also be applied for if the executor named in the will has passed away, or is unwilling or unable to act as executor.
Whatever the circumstances, by the Grant of Letters of Administration the court officially appoints an administrator to handle the deceased estate. It gives the person who receives this appointment exactly the same powers as an executor that has been named in a will.
Through the Grant of Letters of Administration an individual can sell, mortgage, or otherwise dispose of the assets of the deceased.  An administrator cannot make any profit out of the estate for himself, other than what he might obtain as a beneficiary.
Up to 4 administrators may be appointed to execute an estate and in addition to the powers they are given there are certain duties that they have to perform. These include securing all assets and taking possession of these where ever possible. An administrator should also take out insurance to protect the value of any assets.
If there are any estate liabilities and taxes, such as inheritance tax, the administrator needs to arrange for these to be paid. When all of the debts on an estate have been settled, the administrator must distribute the estate in accordance with the laws of intestacy.
If you have any questions with regards to Letters of Administration call our free probate advice line on 0800 612 6105, open until 10pm, 7 days a week.

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