What is a Probate Letters of Administration



The Executor is authorised to dispose of property, pay beneficiaries named in the Will, and carry out other duties related to estate management. The person chosen must be reliable, trustworthy, and skilled at managing complex administrative processes.

Even though the Will gives the Executor the power to administer the estate and the appointment takes effect immediately upon death, being an Executor is not always sufficient. Without initially obtaining a probate letters of administration, the majority of financial institutions won't instantly provide the executor of a will access to financial accounts. Various banks will have varying standards and thresholds for releasing funds. The Grant of Probate is essentially a legal declaration that the Will is valid and has been filed with the Court.

The executors of the estate are specifically named in the Grant of Probate when it is given. Financial companies require this information to make sure that money is only sent to people with the proper authorization to handle the estate.

Grant of Probate and Letters of Administration

Letters of administration are often granted to those who qualify under the laws of intestate succession or to their guardians if they are minor children when someone passes away without a Will. It is merely a court-issued grant of administration that designates a certain person as the estate's administrator.

What does a letter of administration serve?

If the decedent died without leaving a will, the estate is not being managed by anyone. The Court may choose not to handle the decedent's interests under specific circumstances. Family members are responsible for petitioning the Court for Letters of Administration, which give them the legal authority to, among other things, close bank accounts and transfer funds.

Letters of Administration may also be required where there is a valid Will and designated Executor, but that person has not requested a Grant of Probate or is unable to do so. It's possible that the named Executor doesn't exist or is incompetent in some other way.

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