We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What are Letters of Administration?

Jim B.
By Jim B.
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Letters of administration are legal documents issued by a probate court giving an individual the right to administer the estate of someone who has recently died. These documents are required when the deceased has not left a will determining who should be the executor of the estate. There are other circumstances when letters of administration are necessary, usually when an executor is named but cannot perform the duties entrusted to him or her. Administrators are usually chosen by the court based on laws of descent, and are responsible for not only fulfilling any legal or monetary obligations of the estate, but also for distributing inheritance or property among the relatives or friends of the deceased.

If a person who dies has left a will naming an executor, and this executor can perform the duties entrusted to him or her, then letters of administration are not required. The letters generally come into play when the deceased is intestate, which means he or she has not left a will or the one that was left is invalid. A letter of administration is essentially a decree by a surrogate court or probate registry that appoints an individual to look after the estate and dispose of its assets according to relevant laws concerning descent and inheritance.

In certain circumstances, a will may have been left behind that names an executor who is either unwilling or unable to perform the duties required. An executor may choose not to administer the estate, or he or she may be too ill to do so. It is also possible that the named executor is under the age of 18, or that there may be some question of the identity of the executor. Letters of administration may be required in such circumstances.

Anyone who wishes to administer an estate must submit a petition for letters of administration to the appropriate probate court. The court will determine who the administrator should be in the case of multiple petitions. It generally bases its decision on the laws of descent, which usually favor a living spouse first and is followed by next of kin. Letters of administration are often required as proof by banks, governmental agencies, or other institutions before they will allow anyone to handle the assets of the deceased.

The main task of the administrator of an estate is to distribute the property or assets of the deceased to those who are entitled to it. Administrators must follow the applicable laws of descent and inheritance when distributing the assets of the estate. They also are responsible for settling any debts of the estate, any legal claims made against it, and paying estate taxes.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.