What are letters of administration?

Coping with the loss of someone close to you is a delicate time. On top of navigating difficult emotions, you may also be faced with settling their affairs and ensuring their last wishes are fulfilled.

If your loved one left behind a last will and testament, you can use it to start the process of settling or “administering” their estate. But if they died without a will — known as dying “intestate” — it can be confusing to know what to do. How do you get started?

Before you can manage and distribute their estate, you’ll need to obtain letters of administration, which are legal documents that grant you permission to act on behalf of the estate and start the process of estate administration.

Below, we’ll dive into what exactly letters of administration are — and what you need to know to get them.

What are letters of administration?

When someone dies with a will, their estate typically goes through a court-supervised legal process called probate. But if they die without a valid will, their estate will go through the process of intestate estate administration. This process can’t begin until the court chooses an administrator to oversee the management and distribution of the estate.

This is where letters of administration come into play.

A letter of administration is a court-issued document that gives someone the authority to act as the estate administrator.  The administrator can then access and manage the late person’s assets, such as financial accounts and real estate property.

Administrator vs executor: What’s the difference?

A will executor and an administrator are both responsible for distributing the assets in an estate, but they’re assigned to their roles in different ways. The creator of a will names an executor in their will, while an administrator is appointed by the court. An executor follows the instructions the deceased left in their will, while an administrator follows state law to determine who receives the deceased’s assets.

Why do I need a letter of administration?

If you’re the administrator of an estate, letters of administration give you the legal authority to access your late loved one’s assets, including financial accounts and property. For example, a bank may ask you to show a letter of administration before they can release the contents of the deceased’s checking or savings account. Once you’re able to access these assets, you can manage them as part of the estate and distribute them to the person’s heirs.

It’s important to know that a letter of administration doesn’t give you free rein to do whatever you want with the contents of the deceased’s estate. You’ll need to distribute the estate assets according to state intestacy laws.

When would I need a letter of administration?

There are several situations in which you’d need a letter of administration, including:

• If the deceased died without a will
• If the deceased left a will, but didn’t name an executor (or this person isn’t able or willing to serve)
• If the deceased left a will, but the court deemed it invalid

In these instances, it will be up to the local court to appoint an administrator. If no one volunteers to serve as administrator, the court will choose someone — usually the next of kin, like a spouse or adult child of the deceased.  

If someone dies without a will, state intestacy laws determine how their estate is handled and distributed — including who receives their assets, who cares for their minor children and pets, and how their debts are handled. This can mean extra time, money, and headache for the late person’s loved ones.

How to get letters of administration

Getting letters of administration takes time and planning. While the process can vary depending on state or county requirements, you’ll generally need to do the following:

1. Discuss with the deceased’s family

The deceased’s spouse or next of kin usually takes on the role of administrator. In this scenario, let’s say you’ve been chosen to act as the estate administrator.

You’ll want to first speak with the deceased’s family members and anyone else who may benefit from the estate. They’ll be your best resources for determining which assets are part of the estate, including real estate, bank accounts, and any personal property (like jewelry or other heirlooms).

2. Gather necessary documents

Once you have an idea of what’s included in the estate and who may be involved, you should gather all necessary information needed to apply for a letter of administration.

This generally includes:

• The death certificate of the person who passed
• Proof of all financial accounts (like letters from banks or other financial institutions or credit card statements)
• Proof of any investments (like stock or bond certificates)
• Insurance policies
• Copies of any property titles (like home deeds, car titles, and the like)
• Proof of any loans or debt (like letters of credit from lenders)

You may need additional documents based on the state the deceased lived in. You can contact the county court for more information on what other items you’ll need.

3. File an application

When all the paperwork is gathered, you’ll need to get an application called a grant of letters of administration from your local court or county office. You’ll then complete and file this form with your local probate court.

4. Appear in court

After you've filed a grant of letters of administration, it has to be verified and approved. This is generally done at a court hearing, where a judge will evaluate the request and make sure it meets all requirements.

You’ll need to attend this hearing if you’re the one applying to become the estate administrator.

5. Be appointed by a judge

Once the judge verifies the information in your request and confirms you’re eligible to serve as administrator, they’ll approve your request and issue you letters of administration. You can then use this document to prove your legal authority to manage and distribute the estate.

If your application is denied, the court will likely let you know why. For example, the estate may be valued at a higher amount than what you listed on the application. In this case, you’d need to begin the process again by re-filing a grant of letters of administration with the correct information.

Give your loved ones peace of mind

Administering a loved one’s estate can be a long and often costly process, which becomes even more complicated when someone dies without a valid will. If family members disagree about who should administer the estate, the process can take much longer, and can create serious rifts between family members.

It’s important to have your affairs in order so your loved ones don’t have to worry about taking extra steps after you pass away — including going through the process of obtaining letters of administration. The best way to save them from the burden and added stress of this process is to have a will and name a will executor.

While creating a will may seem daunting, FreeWill is here to make it easy. With our free, online will-making tool, you can create a legally-binding will containing your wishes in as little as 20 minutes.