GRANT OF LETTERS OF ADMINISTRATION

Probate or administration is the process that comes into force when someone dies and the possessions they leave behind need to be dealt with. In some cases an executor is appointed under a will and that person is authorised to deal with the situation by the probate registry. Where there is no will there will be no executor however an administrator will be appointed following authority issued by the probate registry in the form of a grant of letters of administration. Depending on the individual situation one of three types of grant will be issued to give someone the authority to handle the estate on behalf of the deceased.

• If an executor has been nominated and they are willing to take on the duty (possibly supported by a solicitor in the process) they will receive authority from a grant of probate.
• A grant of letters of administration can be issued in cases where there is a will but no executor has been appointed – regardless of whether none were asked to carry out the duty in the will or whether they refused to take it on for whatever reason.
• Letters of administration are also granted in cases where the deceased died intestate (without a will) or left one which was deemed to be invalid for some reason; for example it may not have been signed properly.

In most situations a grant of letters of administration or probate is required and it is certainly safer if the person in charge of dealing with the estate has this legal authority issued by the court, as it proves the law recognises that person as the one who can handle the assets. If the estate is very small and straightforward then you may not require one – a solicitor will be able to advise you on this. Certain situations will definitely require a grant of letters of administration or probate, such as the sale of a property owned by the deceased alone.

To apply for a grant of letters of administration or probate you will need to value all of the assets and calculate all of the liabilities of the deceased. The application forms which can be obtained from a probate registry are then completed and submitted together with the death certificate and the will. The applicant subsequently attends for an interview with an officer from the probate registry to clarify any matters following which if all is in order the grant of letters of administration or probate will be issued. The interview is by appointment, is informal and is merely to establish that all is in order. You will be asked to confirm everything and sign and swear an affidavit which is a written oath.

Our nationwide network of solicitors deal with making a will, probate, grants of administration and with contested probate in cases where the validity of a document is questioned or where someone not included as a beneficiary makes a claim. If you would like free initial legal advice either use the helpline or complete the form and a solicitor will discuss your case with you and give you free, no obligation advice.