When a person dies, everything owned by the individual should be kept on record. Well, that’s all that we are going to discuss in the below guide. How to deal with the property of the person who has died? What are the key roles of the executor or the administrator? What’s the difference between probate and letters of administration?
The estate of the person who has died is usually passed to the surviving relatives according to the will. But if in any case, the person dies without a will, then it is passed according to the legal rules. Furthermore, if you’re looking forward to applying for the Letters of administration in the UK, then you need to have a clear idea of all the legal rules and procedures. Moreover, make sure to take help and guidance from experienced professionals.
Here in this guide, we will be discussing some of the frequently asked questions about Letters Of Administration:
- The estate may include?
It includes money, both cash and money in a bank or building society account. This could also include money paid out on a life insurance policy, money owed to the person who has died shares, property, car, jewelry etc. So, if you’re planning to apply for letters of administration UK, then ensure to have a clear idea of the deceased’s property first.
- Who can apply for letters of administration?
Spouse: The deceased’s spouse can apply for the letters of administration.
Children: An adult offspring including adopted children, but not step-children over the age of eighteen can apply.
Parents: The deceased’s mother (adoptive or natural) can apply, but not step-parents. Any person who is fit to be trusted, or fulfils the direction of the court can apply.
- What is the difference between letters of administration and probate?
An application made by the executor named in the last will of the deceased is known as probate. Letters of administration is an application made by the interested party when there is no will.
- Who is legal personal representative?
The person who is entitled to deal with the assets of the deceased is called as the legal personal representative. This person can be appointed by the court to administer the estate of another person.
- How to get a grant of letters of administration?
The person who applies for the letters of administration is known as the administrator. Furthermore, in order to collect various assets of the estate, a grant of letters of administration must be obtained from the probate registry. This grant is then shown to the banks and other asset holders allowing them to release the assets to the administrator.
- When are letters of administration not required?
There are many cases in which letters of administration are not required. When an estate is entirely made up of cash or personal possession such as jewellery or car, or if in any case, the entire estate is owned by beneficial joint tenants or the amount of money is very small.
Moreover, the application should be filed with the court within 6 months from the date of death. If you’re looking forward to applying for the Letters of Administration UK, then you need to have a clear idea of all the related details. Well, the bottom line is that you should be well aware of all the details and procedures of applying for the letters of administration.