When are letters of administration needed
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When Are Letters of Administration Needed? Letters of Administration are required when a loved one dies intestate. They allow the administrator the same rights as an executor who is probating a will. This means that once the letters of administration have been granted, the administrator will be given letters to give to each financial institution where the deceased holds accounts. These letters will enable the administrator to access their loved ones finances. Letters of administration are needed in most cases where a loved one dies intestate but not all. For example if all your loved ones finances are held in joint accounts with you, you will not need to apply for letters of administration. The bank will normally just require proof of death, to transfer the assets into your name. Also if your loved one has assets of less than £5000 after funeral expenses, you will be able to access their bank accounts without letters of administration. Some banks allow assets of under £10,000. As there is no executor, when a will has not been made, it is important to understand who is entitled to apply for the letters. The law states that this is to be decided in the following order, depending on surviving relatives: Civil Partner or Spouse – excluding Common Law Partner Children Sons or Daughters of the Deceased’s Children Parents, Brothers and Sisters Grandparents Aunts or Uncles – but not their spouses It is important to note that children under the age of 18 are not entitled to apply for letters of administration alone, and if there are children under the age of 18 and no civil partner or spouse, it is important to seek legal advice from a solicitor or a specialist probate service.
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Letters of Administration are required when a loved one dies intestate. They allow the administrator the same rights as an executor who is probating a will.
Transcript of When are letters of administration needed
When Are Letters of Administration Needed?
Letters of Administration are required when a loved one dies intestate. They allow the administrator the same rights as an executor who is probating a will.
This means that once the letters of administration have been granted,
the administrator will be given letters to give to each financial institution where the deceased holds accounts. These letters will enable the administrator to access their loved ones finances.
Letters of administration are needed in most cases where a loved one dies intestate but not all. For example if all your loved ones finances are held in joint accounts with you, you will not need to apply for letters of administration. The bank will normally just require proof of death, to transfer the assets into your name.
Also if your loved one has assets of less than £5000 after funeral expenses, you will be able to access their bank accounts without letters of administration. Some banks allow assets of under £10,000.
As there is no executor, when a will has not been made, it is important to understand who is entitled to apply for the letters. The law states that this is to be decided in the following order, depending on surviving relatives:
Civil Partner or Spouse – excluding Common Law Partner Children Sons or Daughters of the Deceased’s Children Parents, Brothers and Sisters Grandparents Aunts or Uncles – but not their spouses
It is important to note that children under the age of 18 are not entitled to apply for letters of administration alone, and if there are children under the age of 18 and no civil partner or spouse, it is important to seek legal advice from a solicitor or a specialist probate service.
What If The Legal Administrator Does Not Want To Deal With The Estate?
At a time when they are grieving, it is understandable that the person legally entitled to administer the estate would find it difficult to cope. Fortunately they do not have to do so at all. Even the initial application for the letters can be dealt with by a chosen representative.
Dealing with the estate of a relative can be difficult, particularly if they have died intestate. And intestate death often means tracking down the deceased’s finances and even those who are entitled to a share of the estate.
So it is wise to appoint a legal expert to deal with the administration of the will before you apply for the letters. A legal expert would normally be a solicitor, or a specialist probate service. They will do everything on your behalf including dealing with the initial application, finding the deceased’s assets, tracking down any money owing to them and paying any bills.
They will also be able to track down the whereabouts of those entitled to a portion of the estate, according to the law, calculate taxes owing and distribute the proceeds of the estate.
So using a specialist probate service can save you a great deal of time, trouble and stress and it may be worth appointing one to apply for letters of administration on your behalf and deal with the administration of your loved ones estate.
IWC Estate Planning & Management Ltd. are a specialist Will Writing and Probate Company offering nationwide coverage. The company provides probate services; rates are agreed with clients in advance. Probate fees are based on the work that has to be carried out, rather than
the estate value or at an hourly rate.
IWC are regulated by the Society of Will Writers and Estate Planning Practitioners and registered at Companies House. Their head office is located in Croydon, Surrey, with satellite office coverage across most of England. Follow us on Twitter @IWCLtd
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