What Are Letters of Administration in Probate, and How Are They Issued?

Obtaining letters of administration is often one of the first steps in managing a person’s estate after they pass away. These court-issued documents grant an individual the legal authority to administer an estate when the deceased did not leave a will or did not name a valid executor. With letters of administration, the appointed administrator can access, manage, and distribute the deceased person’s assets in accordance with state laws.

How Letters of Administration Work

Letters of administration are issued by a probate court, which oversees the handling of estates without a valid will (intestate estates). If the chosen executor named in a will is unable to serve, the court may also issue letters of administration to appoint a new administrator.

In most cases, state laws determine who is eligible to be appointed as an administrator, typically prioritizing the closest living relatives. If you are the next of kin of someone who died without a valid will, and their assets do not automatically transfer through mechanisms like trusts, payable-on-death accounts, or joint tenancy, you will need letters of administration to legally close their estate.

Letters of Administration vs. Letters Testamentary

Both letters of administration and letters testamentary are legal documents issued by probate courts that authorize someone to manage an estate. However, they differ in purpose:

• Letters of administration are issued when there is no valid will or no suitable executor named.
• Letters testamentary are granted when a valid will exists, appointing the named executor to carry out the deceased’s wishes.

How to Get Letters of Administration

1. Gather the Required Documents

Each probate court may have slightly different requirements, but generally, you will need:

• A certified death certificate.
• Titles for any property owned by the deceased, such as real estate or vehicles.
• Documentation of financial accounts, including bank, brokerage, and retirement accounts.
• Insurance policy details.
• A list of outstanding debts and loans.
• Names and contact information for the deceased’s next of kin.

2. Notify Relatives

Since intestate succession laws determine inheritance, it’s essential to inform all possible heirs of the death. You may also need to gather additional information about the deceased’s assets from family members.

3. File an Application with the Probate Court

You will need to complete and submit an application for letters of administration to the appropriate probate court. Eligibility requirements typically include being at least 18 years old, a U.S. citizen, and not having a felony conviction.

4. Attend a Probate Court Hearing

The court will review your application, verify your eligibility, and approve your role as the estate administrator. Once approved, you will receive letters of administration, which serve as legal proof of your authority to manage the estate.

How Long Does It Take to Get Letters of Administration?

Generally, the process takes six to eight weeks, assuming all required documentation is in order. Delays may occur due to:

• Errors in the application.
• Disputes over who should be the administrator.
• Missing or incomplete documentation.

Since this process can take time even under ideal circumstances, it’s best to apply as soon as possible after a death occurs.

Next Steps After Receiving Letters of Administration

Once appointed as administrator, you can begin handling the estate’s responsibilities, including:

• Paying outstanding debts.
• Selling assets if necessary.
• Distributing remaining assets to heirs per state law.

Navigating probate without a will can be complex, but securing letters of administration is a critical first step. If you need assistance, consulting an experienced probate attorney can help streamline the process and ensure legal compliance.

At Lawvex, we specialize in probate and estate administration, helping families through this challenging process. Schedule a free consultation today to get expert guidance on securing letters of administration and managing your loved one’s estate.