What Are Letters of Administration and How to Obtain Them

When someone passes away without a valid will, it can create significant challenges for their heirs and loved ones. Letters of administration are provided by the probate court once an estate is opened and are crucial in such cases as they grant the legal authority to an individual to manage and settle the deceased’s estate. In the absence of a will, obtaining a letter of administration is the first step in the probate process. 

Letters of administration give the estate’s executor the power to handle the deceased’s financial obligations, sell property, and distribute the estate to its heirs in accordance with the state’s law. 

In this guide, we’ll walk you through when letters of administration are needed, who can apply, and the steps involved in obtaining them. We’ll also clarify the key differences between letters of administration and letters testamentary, and explore the responsibilities of an estate administrator.

What are letters of administration?

Letters of administration are legal documents issued by a probate court that grants someone the authority to manage and distribute the estate of a person who died intestate (without a will). 

This person, the administrator, is responsible for handling the deceased person’s estate affairs, including paying off debts and distributing assets to the rightful heirs according to the laws of intestacy. In essence, it gives the administrator the authority to act on behalf of the deceased. 

Key features of letters of administration 

What’s included in a letter of administration? Here are three key features: 

• The document provides official court permission for the administrator, also known as executor or personal representative, to take control of the estate’s assets
• The administrator is given permission and authority to sell or transfer property, pay off debts, and distribute the estate according to the law
• The document will provide that the administrator is legally responsible for managing the estate in accordance with both the decedent’s wishes (if a will exists) or the state’s intestacy laws (if no will exists)

When and why are letters of administration needed? 

When is a letter of administration required? 

There are three common scenarios in which a letter of administration is needed for distributing an estate: 

• When someone dies intestate (without a will)
• If the decedent’s will does not name an executor or if the named executor is unwilling or unable to fulfill the role
• In the case of a contested will or an invalid will, where letters of administration must be used to settle the estate

Why is a letter of administration important? 

A letter of administration is necessary to ensure an estate is settled legally and properly, in accordance with the decedent’s wishes or the state’s laws. Many problems can arise if no letter of administration is issued, such as heirs being unable to access assets, sell property, or pay debts. 

Key differences between letters of administration and letters testamentary

Letters of administration are issued when a person dies without a will or leaves a will that doesn’t designate an executor. In these cases, the court appoints someone to act as an administrator. Regardless whether the executor is named or appointed, letters of administration are needed to properly settle the estate. 

Letters testamentary, on the other hand, are issued when a decedent has a valid will that names an executor. In this case, the court formally recognizes the named executor to settle the estate via a letter testamentary. 

While both documents serve a similar purpose (to give legal authority over the estate), letters of administration are used when there is no will, and letters testamentary are used when there is a valid will naming an executor.

Who can apply for letters of administration? 

Generally, people close to the decedent are eligible to apply for a letter of administration to execute the estate. This might include immediate family members or people with a vested interest in the estate, including a spouse, parent, child, or sibling. 

Order of priority

The typical order of priority for people who can apply for a letter of administration varies by state, so it’s important to check local laws if you find yourself in this situation. 

Often, the order of priority looks like this: 

1. Surviving spouse 
2. Adult children of the deceased
3. Other close family members such as parents or siblings

What qualifies someone to serve? 

To serve as the administrator of an estate, a person must be at least 18 years old and of sound mind. Someone may be disqualified from administering an estate due to felony convictions or mental incapacity, even if they are the closest living relative. 

What happens if no one applies? 

If no one comes forward to apply for a letter of administration to execute the deceased’s estate, the court may appoint a public administrator to handle the administrative duties. 

The step-by-step process of applying for letters of administration

Step 1: File a petition for letters of administration with the probate court

Where to file

• The petition must be filed in the probate court in the county where the decedent lived
• Jurisdiction is determined by the decedent’s place of residence at the time of death

Required forms and information

To complete the petition for a letter of administration, you’ll need to provide: 

• The name of the deceased
• The place and date of death
• The names and addresses of surviving heirs
• The applicant’s relationship to the deceased

Some states may require additional information or forms, like an estate inventory form including assets and liabilities. 

Where to obtain forms

The appropriate forms are typically available at the local probate court or can be found online on the county court website. 

Filing fees

• There is typically a filing fee for submitting the petition. The amount varies by state and county, but will likely be between $50 and a few hundred dollars. 
• Generally, the fee is required to be paid upfront by check, cash, or credit card. 

Step 2: Submit required documents

The documents required to petition for a letter of administration include: 

• The death certificate: The petitioner will need an official copy of the death certificate to confirm the decedent’s identity for the court

• Proof of relationship: The petitioner must provide proof of their relationship to the decedent, which might include a marriage certificate for a spouse or a birth certificate for a child. 

• Estate inventory: Typically, the petitioner must provide an inventory of the estate’s assets and liabilities, even if it’s incomplete or unofficial at the time of filing. It should include assets like real estate, bank accounts, vehicles, personal belongings, and any known outstanding debts. 
• Will (if applicable): If the deceased left a will, the petitioner must provide the original will to the court (even if it’s contested or invalid). 

Additional documents might include: 

• Bond requirement: Some states may require the administrator to post a surety bond, which protects the estate from potential mismanagement by the administrator. Some states will waive the bond requirement if all heirs agree. 
• Petitioner’s consent: Some states may require written consent from the petitioner, confirming they are willing to serve as the estate’s administrator. 

Step 3: Notify relevant family members, creditors, and heirs

Who needs to be notified

• Heirs and beneficiaries: All individuals who stand to inherit under the will (if available) or intestacy laws (if no or invalid will) must be notified about the probate process. 

• Creditors: Any creditors must be notified of the probate proceedings to allow them the opportunity to file claims against the estate. 
• Other interested parties: Any individuals or entities that may have a claim or interest in the estate, including potential heirs or business partners. 

How to notify

• Notices to heirs: Notifying heirs may involve sending formal notices via certified mail or publication, depending on the state’s laws. 
• Notice to creditors: In many cases the court requires public notice to creditors, typically by publishing an announcement in the local newspaper. It varies by state, but this notice typically runs for four to six weeks. 

Proof of notification

The petitioner must submit proof that heirs and creditors have been notified of the death and probate proceedings. This may involve submitting certified mail receipts or a publication affidavit from the local newspaper to the court. 

Deadlines for notifications

States have different timeframes within which these notifications must be sent. For example, in some places notifications must be made within 30 days of filing the petition. 

As with everything related to probate, it’s important to check the laws in the state where the probate proceedings are taking place. 

Step 4: Attending the court hearing (if necessary)

Court hearing overview

Some states will require the administrator to attend a probate hearing, where the court will review the petition and verify the relevant documents. Not all cases will require a hearing, though. In some states, the petition can be approved without a hearing if there are no objections. 

What happens at the hearing

• Petitioner’s appearance: The petitioner may need to appear in court to confirm their request for appointment and answer any questions the judge has about the relationship, ability to serve, etc. 
• Verification of documents: The judge will verify the documents the petitioner provided, such as the death certificate and inventory of assets, to ensure everything is in order and accounted for. 
• Address objections: If anyone objects to the appointment of the person petitioning to be administrator of the estate, the court will handle those objections during the hearing. 

What happens if no hearing is required

If no objections are filed and all the paperwork is in order, the judge may approve the petition without a hearing. In this case, the letters of administration may be issued shortly after review. 

Step 5: Receive the letters of administration and begin the estate administration process

Receiving the letters of administration

Once the court approves the petition, letters of administration are issued to the petitioner, who is now officially the administrator. 

This is a significant moment because the letters of administration are the official document that gives the administrator legal authority to manage the deceased person’s estate. 

The administrator should request multiple certified copies of the letters from the court. These copies are required to access assets, close bank accounts, transfer property, and notify financial institutions. 

Administrator’s role and next steps

• Beginning estate administration: After receiving the letters of administration, the administrator can now begin handling the estate’s finances including securing assets, paying debts, and distributing assets to heirs or beneficiaries. 

• Inventory and appraisal: If not done already, the administrator will need to complete an inventory of the estate’s assets and may need to have valuable items (like real estate, art, or jewelry) appraised. 

• File an estate accounting: In some states, administrators are required to submit a final accounting report to the court, outlining the distribution of assets, debts paid, and expenses incurred. 
• Court oversight: The administrator will continue to report to the court as required until the estate is fully settled and closed. 

Costs and fees for letters of administration

The cost to file for a petition varies by state and county, but typically ranges from $50 to a few hundred dollars. 

Additional expenses for the administrator might include: 

• Getting certified copies of the letters of administration and other documents related to the estate
• A surety bond premium (if required)
• Notice publication (to notify creditors)
• Attorney fees (if applicable)

The estate will typically cover these fees, but the administrator may need to pay them up front and be reimbursed later. 

Administrators themselves are often entitled to a fee, usually a percentage of the estate’s value depending on state law. How this fee is calculated and whether it’s negotiable varies by state. 

The responsibilities of an estate administrator

An estate administrator has several important duties to ensure the estate is settled properly. These responsibilities might include: 

• Collecting and securing assets
• Paying debts and taxes
• Distributing assets to heirs
• Keeping detailed records of all actions and expenses 

To reduce conflicts along the way, it’s important that an administrator: 

• Keeps thorough records of each step of the estate administration process
• Communicates with heirs and creditors
• Follows state laws regarding estate distribution and estate taxes

Alternatives to letters of administration

There are some circumstances in which the full probate process isn’t required. For example, some small or very simple estate may be eligible for: 

• Small estate affidavits: Some states offer a small estate affidavit for estates that fall below a designated value threshold, which varies by state. In this case, heirs may be able to skip the formal probate process. 
• Simplified probate processes: Similarly, some states offer a simplified probate process for estates with fewer assets or more straightforward legal situations. 
• Revocable living trusts: If the deceased person had created a revocable living trust during their lifetime, the assets held in the trust can pass directly to heirs without going through probate, eliminating the need for letters of administration.

Conclusion

Letters of administration are vital for ensuring that an estate is administered properly when someone dies without a will or when there is no named executor.

By applying for letters of administration, the appointed individual gains the legal authority to settle the estate, ensuring debts are paid, and assets are distributed according to the law.

If you’re involved in managing an estate, consider consulting with an attorney or professional advisor to help navigate the application process for letters of administration.

Understanding how letters of administration work is the first step in ensuring that a deceased person’s wishes are carried out properly. Armed with this knowledge, you can proceed with confidence in managing the estate. 

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By integrating Vanilla’s estate planning software into your practice, you can reduce administrative burdens, avoid costly mistakes, and provide your clients with a smoother, faster estate administration experience. Get a demo to learn more. 

The information provided here does not constitute legal, financial, or tax advice. It is provided for general informational purposes only. This information may not be updated or reflect changes in law. Please consult with an estate attorney, financial advisor, or tax professional who can advise as to your particular situation.