Letters of Administration: What They Are and How to Get Them

Letters of administration are court documents giving someone permission or authority to administer the estate of someone who died without a will or without naming a proper executor of their estate. Letters of administration allow the administrator to access, manage and distribute the deceased person’s accounts and property.

Letters of administration typically come from a probate court, which handles intestate estates (ones in which no valid will exists) or estates for which the chosen executor isn’t able to perform their duties^[0]

State next of kin laws usually determine who the court chooses to be the administrator^[0]

If you’re the next of kin to someone who died without a valid will — and all or some of their assets weren’t bequeathed via a trust, payable on death (POD) account, joint tenancy or other valid avenue for assets to pass to beneficiaries without probate — you’ll need to get letters of administration to close your loved one’s estate.

» MORE: Read the 7 steps of estate planning

1. Obtain all the necessary documents

It’s best to contact the probate court for specific requirements, but the necessary documents typically include:

• A death certificate for the person who died.

• Copies of all of the deceased’s property titles, such as car titles or home deeds.

• Proof of the deceased’s insurance policies.

• Statements or other proof of the deceased’s financial accounts, such as bank accounts, brokerage accounts and retirement accounts.

• Statements or other proof of the deceased’s loans and other debts.

• Names and addresses of next of kin.

• Any other documents required in the specific state where the deceased lived.

» MORE: Why it’s important to appraise your assets before you write a will

2. Touch base with other relatives

Notify relatives who are possible heirs that the death occurred. Gather from them any additional financial information they may have that would be helpful in organizing the estate.

» MORE: How long after a person dies will beneficiaries be notified?

3. File an application for letters of administration

To be appointed administrator, you’ll likely need to be at least 18 years old, a U.S. citizen, and in most states, not have a felony criminal record^[0]

4. Appear in court for verification

In order to complete the process, you’ll need to have everything validated and approved by the court. After the judge verifies the information you’ve gathered and confirms your eligibility to become administrator of the estate, the court will provide the letter of administration. You can present this document to financial institutions and other parties to prove that you have legal authority to manage the estate and distribute assets per your state laws.

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In general, it takes about six to eight weeks to get letters of administration, provided the application is properly filed and includes the required documentation. A number of circumstances can delay this process, such as:

• Errors in the application.

• Disagreements about who should be the estate administrator.

• Missing information or documentation.

Because this process takes time under the smoothest of circumstances, apply for letters of administration as soon as possible after a death occurs.

Once you have letters of administration and are appointed administrator, you can take action to pay off the estate’s debts, sell property to liquidate assets and distribute assets to all eligible heirs.

» MORE: Read how a power of attorney works

The main difference between letters of administration and letters testamentary is who's being appointed. Letters of administration appoint an administrator when there’s no valid will (or no valid executor), but letters testamentary approve the executor named in a valid will^[0]