Grant Of Letters Of Administration

When a deceased person leaves a Will, they usually nominate individuals to administer their estate. Those individuals are known as ‘executors’. However, when a person dies intestate, without leaving a will, there will be no chosen executors. Instead, certain individuals, such as the deceased’s spouse, civil partner, children, or parents, can apply to act as administrators. Before they can begin administering the estate, those individuals must obtain a ‘Grant of Letters of Administration’.

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How Do You Get Probate Without A Will?

Probate is the process of administering the estate of someone who has died. A person may give specific individuals, known as executors, the power to deal with their estate under the terms of their Will. Those individuals will usually need to obtain a ‘Grant of Probate’ as evidence of their entitlement to administer the estate, but their power derives directly from the deceased.

If a person does not leave a Will, they will not have named any beneficiaries or nominated anyone to act as executor. In these cases, their estate will be distributed in accordance with the Intestacy Rules. Under the Intestacy Rules, the deceased’s family members are entitled to inherit the estate based on the nature of their relationship.

For example, where the deceased has a surviving spouse or civil partner but does not have children, the spouse or civil partner will inherit everything. If the deceased has children as well as a surviving wife or civil partner, their spouse or civil partner inherits the deceased’s personal property and the first £322,000 of the estate. That amount is subject to change periodically. In addition, they are entitled to 50% of the remainder of the estate, and the other 50% is divided between their children.

Since someone who died intestate did not leave a Will, the most ‘entitled’ person can apply to become the administrator and distribute the estate in accordance with the Intestacy Rules. That person is usually the deceased’s next of kin. If they were married, it will be their spouse or civil partner. Otherwise, it may be their children, parents, aunts, uncles or another relative.

To get probate without a Will, the administrators usually need to obtain a Grant of Letters of Administration.

What Is A Grant Of Letters Of Administration?

A Grant of Letters of Administration is a formal document issued by the Probate Registry confirming the rights of the people named to deal with a deceased person’s assets. It fulfils the same purpose as a Grant of Probate. The only difference is that a Grant of Probate applies when there is a Will, and a Grant of Letters of Administration applies when the deceased person died intestate.

When Do You Need A Grant Of Letters Of Administration?

A Grant of Letters of Administration is required for most estate administration tasks, such as securing the release of funds from the deceased’s bank or building society accounts. It is always needed if the estate comprises property.

There are some specific situations in which the administrators may not need to obtain a Grant of Letters of Administration. These include when the deceased owned all their property jointly, since the property will pass directly to the other owner, or where the estate comprises solely personal effects, such as jewellery.

Furthermore, some banks and building societies may agree to release funds and close the deceased’s accounts without sight of a Grant of Letters of Administration if the amount held in them is below the probate threshold. The probate threshold is not dictated by law; each financial institution is at liberty to set its own policy, and the range is incredibly broad. Some banks and building societies may release funds of up to £50,000 without seeing a Grant of Letters of Administration, whereas others will insist on seeing one before releasing anything over £5,000.

To ascertain whether you need a Grant of Letters of Administration to access the deceased’s bank or building society accounts, you should contact the relevant institution to check their policy. Remember though, that if the estate comprises property, you will need to obtain one regardless of the amount held in bank or building society accounts.

How Do You Obtain A Grant Of Letters Of Administration?

Obtaining a Grant of Letters of Administration can be a complex task. It involves providing documentary evidence of all the estate’s assets and liabilities so it can be valued for tax purposes. If you do not provide all relevant supporting documentation or complete the form incorrectly, it will be returned to you, and you will need to correct and resubmit it.

Taking legal advice from specialist probate solicitors like ours will ensure your application is complete and accurate and will avoid delaying the probate process.