After someone has died, and has not left a will, then a legal document has to be obtained that deals with the deceased persons assets. That document is called a Letter of Administration, the full legal term is a Grant of Letters of Administration.
Here is what you need to know about a letter of administration :-
- It is issued to the person entitled under the Intestacy Rules – these rules set out an order of entitlement to a Deceased persons assets as well as who can apply. In short it will be a blood family member. You can see the intestacy rules by clicking here.
- The letter of administration is issued by the Probate Court ( known as the Probate Registry.
- When applying for a letter of administration an inheritance tax return has to be completed in every case.
- How long it takes to obtain really depends upon the value of the Deceased persons estate and the person applying – we offer a fast track service and can obtain probate in 6-8 weeks
- When do you need a letter of administration ? typically it will definitely be required to sell a property, collect cash assets over £25,000, sell shares, bring a legal claim on behalf of the Deceased persons estate, claiming funds under a life policy etc.
- You will not need a letter of administration to collect jointly held assets, small assets under £5,000 ( although some banks vary )
- You should typically seek legal help, if you need a letter of administration quickly, the estate is over £325,000, or you are unsure of the intestacy rules and how the estate should be distributed.
TM solicitors are a specialist probate company that help clients across the UK. If you have a probate question or need help, with collecting a deceased persons assets – please contact us on 01482 429985 or via e-mail at tim.murden@tmsolicitors.co.uk
