In some cases, someone who is dealing with the estate of someone who has died will require “Letters of Administration” as opposed to Probate. In this instance the person who is dealing with the estate is referred to as an “administrator”.
You will need a Letters of Administration if:
- There is no will.
- The will is not valid.
- There are no executors on the will.
- The executors cannot or will not act.
Do I always need LOA?
If there is a property in the deceased’s sole name then Letters of Administration will be required before it can be sold. This sometimes applies where the property is held in joint names too. If you are in any doubt please get in touch with us.
Also, if the person who died had a property solely in their name that must be transferred or sold then that property cannot be sold without Letters of Administration .
If there is savings or shares held in the deceased’s name then the holders of these accounts will normally ask to see Letters of Administration before to releasing the funds.
Do I need a solicitor?
Many executors and administrators will act without employing a solicitor. However, if the estate is complicated it is good idea to consult an industry professional like us.
How do I apply for Letters of Administration?
In order to get Letters of Administration, you’ll need to fill in forms. Once you’ve located the appropriate forms they need to be filed and sent to the Probate Registry and HM Revenue and Customs. You’ll need to attach some documents with the forms such as the death certificate, inheritance tax forms and probate fees.
What do I do after Letters of Administration has been granted?
You can now begin to deal with the estate and share out the property amongst the beneficiaries in accordance with the rules of intestacy. These are complicated and you are best advised to consult an industry professional such as Athena as an administrator could be personally responsible if mistakes are made.
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