Letters of Administration
The process of applying for a Letter of Administration is the same as when applying for a Grant of Probate, and grants the same rights and authority. The difference is that Letters of Administration apply when a person dies ‘intestate’, ie. without leaving a will.
The administrative process in such cases can be complex and challenging, but IWC’s fixed-fee service is designed to help you navigate everything far more easily, with a team of experienced and fully qualified legal experts.
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What are Letters of Administration?
Put simply, they transfer control of the deceased person’s assets to the applicant, just like a Grant of Probate does – but in cases where:
there is no will to execute
there is a will, but it is not valid
there is a will, but there is no appointed executor
there is a will, but appointed executors cannot, or refuse to, act.
Do you have a question about probate?
We are here to help, ask us anything and our advisers will guide you.
How do I apply for Letters of Administration?
You’ll need to complete a PA1 probate form – along with form IHT205 or IHT400, which relate to Inheritance Tax, and corresponding fees – to the Probate Registry.
You may be asked to attend an interview at the Probate Registry, where you’ll swear an oath to confirm the information you provided in your application.
How long does Letters of Administration take?
It’s hard to accurately predict how long the whole process could take. It all depends on how complex the estate in question is. Hence why it is so important to get a will professionally written before its too late. By doing so you protect everything you’ve spent your life working for.
On average we expect letters of administration to take no longer than 6 weeks, although some cases could take months to fully complete. The sooner you start the process, the better. Get in touch today to see how we can help.
Who can apply for Letters of Administration?
Intestacy rules determine who has the right to apply for Letters of Administration. Typically, it’s the deceased’s next of kin, but for clarity, intestacy rules set out the following order of priority:
Adult children
including sons or daughters adopted by the deceased, but not step-children.
Husband, wife or civil partner
Grandparents
Parents
Brothers or Sisters
Uncles or Aunts
Applicants must be aged 18 or over. If the person entitled to the estate is under 18, the law states that two people must apply for Letters of Administration.
Confused already?
Don’t worry. It is pretty confusing… but we understand the complexities thoroughly, and we’re happy to give you the simple version based on your circumstances.
Just call us on 0208 150 2010.
We’re available seven days a week until 10pm, for free, expert advice.
When appointed, what does the Administrator then have to do?
The person granted Letters of Administration becomes the personal representative of the estate, and assumes legal responsibility for managing the deceased’s affairs in the same way the Executor of a will would. The letters themselves are what you use to formally approach financial institutions to gain legal access to funds, property, shares, and so on.
In turn, this gives you the administrative means to settle any debts, pay solicitor and probate fees, find out details of any money owed to the estate, and deal with any Inheritance Tax planning and communication with HMRC.
Then… finally… the Administrator distributes the assets of the estate, in accordance with the Rules of Intestacy. Unlike an Executor, though, an Administrator has no instructions to follow from the deceased’s will. Instead, you have to determine who is entitled to precisely what share the estate.
Hence applying for Letters of Administration can be a big responsibility, and can mean liability for any misinterpretations of the law or other mistakes easily made. It’s fair to say that dealing with the estate of a deceased ‘intestate’ has the potential become very complicated and drag on for months… if not years. Factor in the emotional side of things – and potential squabbles over others’ ‘rights’ to aspects of the estate – and it can become all-consuming, distressing, and stressful…
Do you have a question about probate?
We are here to help, ask us anything and our advisers will guide you.
Contentious Probate
You’ve perhaps heard the term before, and it probably didn’t sound like fun.
The rules of intestacy are intended to determine how a person’s estate is distributed fairly and legally, should they pass away without leaving a will. But all too often, difficulties arise, such as when family members or relatives are not included in the estate, or feel they’ve not been sufficiently provided for. A typical example is when intestacy rules mean an unmarried partner of the deceased is not provided for, regardless of how close they were to the deceased, how dependent they were on them, or for how long they were together. This is when professional advice and support can be hugely valuable.
Inheritance Tax
Another potentially difficult issue with ‘intestate’ deceased is tax. For example, if the deceased’s assets exceed the ‘nil-rate band’ (currently £325, 000), any amount above it is subject to Inheritance Tax at 40 per cent. However, there are ways to mitigate this, so consulting an expert can be invaluable.
Talk to friendly experts
We strongly recommend seeking legal advice and assistance if you find yourself dealing with an intestate death. While DIY probate and applying for Letters of Administration as an individual can be straightforward, it often isn’t, and you may find it demands more time and resources than you’re comfortable with. Particularly if there is potential for Contentious Probate and the wranglings that can ensue.
In either case, it’s good to have experienced experts at your service. Our initial advice is free, and our consultation is obligation-free. And we’ll fix any fees we agree for our expert help, so you know where you stand.
Letters of Administration explained…
Download IWC’s full guide, which covers the following in detail, but in simple, straightforward terms:
- Explanation of Intestacy Rules with a full account of Estate Distribution.
- Family-tree verifications via genealogy research.
- Deed of Variation to alter any distribution, subject to agreement of all those concerned.
- Advice on the Personal Representative’s responsibilities and duties.
- Advice on will insurance that may be required before any distribution of estate.