When a person passes away without leaving a valid will, they are said to have died intestate. In such cases, the process of administering the deceased's estate is handled differently than if there were a will in place. In the UK, the legal document granted to allow someone to manage the estate of a deceased person who died intestate is called "Letters of Administration - crucial in ensuring the estate is distributed according to the law.

Know about the Letters of Administration?

Letters of Administration are legal documents issued by a court that grant the authority to administer the estate of someone who has died without a valid will. The person to whom the Grant of letters of administration intestate is known as the "administrator" of the estate. This administrator holds similar responsibilities to an executor named in a will, including gathering the deceased’s assets, paying off any debts, and distributing the remaining assets to the rightful heirs.

Who Can Apply for Letters of Administration?

The rules regarding who can apply for Letters of Administration are generally guided by the laws of intestacy. Priority is given to the surviving spouse or civil partner, followed by children, and then other close relatives such as parents or siblings. If none of these relatives are willing or able to apply, a more distant relative or a creditor of the estate may step in.

It is important to note that cohabiting partners who were not married or in a civil partnership do not automatically have the right to apply for Letters of Administration, even if they lived with the deceased for many years.

The Application Process

Applying for Letters of Administration involves several steps. First, the applicant must gather detailed information about the deceased’s assets and liabilities. This information is used to complete an inheritance tax form and an application form for the Letters of Administration.

Once these forms are completed, they are submitted to the Probate Registry along with the deceased's death certificate and a fee. The Probate Registry may require the applicant to attend an interview or provide additional documentation before granting the Letters of Administration. Once granted, the administrator can begin the process of managing the estate.

Responsibilities of an Administrator

The administrator has several key responsibilities. These include identifying and valuing all assets and liabilities of the estate, paying any inheritance tax due, settling debts, and distributing the remaining assets according to the rules of intestacy.

The rules of intestacy dictate a strict order of inheritance. Typically, the deceased's spouse or civil partner receives the bulk of the estate, with any remaining assets divided among the deceased's children. If there is no surviving spouse, civil partner, or children, the estate is passed to other relatives based on a hierarchical system.