Administration of An Estate On Death - Letter of Administration

Letter of administration: Upon the death of a person intestate, or of one who left a will without appointing executors, or when the executors appointed by the will cannot or will not act, the Probate Division of the High Court of Justice or the local District Probate Registry will appoint an administrator who performs similar duties to an executor. The court does this by granting letters of administration to the person so entitled, who must hire a lawyer to get this process started. Grants of administration may be either general (where the deceased has died intestate) or limited. The order in which the court will make general grants of letters follows the sequence:

1. The surviving spouse, or civil partner, as the case may be;
2. The next of kin;
3. The Crown;
4. A creditor;
5. A stranger.

Under the rules for distribution of estates without a will (the Intestacy Rules), where a child under 18 would inherit or a life interest would arise, the Court or District Probate Registry would normally appoint a minimum of two administrators. On some estates, even under an intestate, it is not clear who are the next-of-kin, and probate research may be required to find the entitled beneficiaries.