Letter of Administration Law

Letters of administration are court-issued documents granting an individual (the administrator) the authority to manage and distribute the estate of a deceased person who died intestate or where the executor named in a will cannot act. They ensure lawful custody, payment of debts and equitable distribution to rightful heirs under statutory succession rules. The grant provides legal standing to collect assets, sell property if necessary, and complete formalities for settling the estate.

Key features

• When issued: Issued when there is no valid will or when the executor is dead, refuses, or incapacitated.
• Applicant: Typically a close relative—spouse, child, or next-of-kin—applies to a competent civil court for letters of administration.
• Bond and security: Courts may require an administrator to furnish a bond or security to ensure faithful administration and protect creditors and heirs.
• Jurisdiction and procedure: Civil courts follow procedural rules for notice to potential claimants, valuation of assets, and verification of heirship prior to issuing letters.
• Scope of powers: Administrator can collect assets, pay debts, defend suits, sue on behalf of the estate and convey property subject to court directions.

Practical considerations

Applicants must present evidence of death, family relationships, asset inventory and creditor claims. Contested applications often arise when multiple relatives claim priority or when creditors challenge the administration. Administrators must keep clear accounts and obtain court permissions for extraordinary transactions, including selling immovable property. Timely application, professional estate accounting, and compliance with court directives are essential to avoid personal liability for mismanagement.