Can you apply for letters of administration if the estate has an executor?

Answer 1

If a person dies intestate (without a will) as the sole owner of property then their estate must be probated. A qualified person must apply to be appointed Administrator and will be issued Letters of Administration. The letters give the Administrator the authority to handle the estate property.

(Without these letters you can not do anything with the deceased's property.)

Answer 2

"Letters of Aministration" is the formal name for the document that a probate court issues to a person who is appointed to handle the estate of a decedent who died without a will. "Letters Testamentary" are issued to executors when there is a will. To apply for Administration, the local probate court will usually have application forms you can fill out. You will need to know certain information about the decedent and the names and addresses of the heirs at law. These are usually his closest blood relatives. You might even have to know the approximate value of the estate, since the court will probably order the administrator to post a surety bond in at least that amount. You must also bring a sealed copy of the death certificate and your checkbook, since there will be fees to pay. Later you can reimburse yourself out of the estate. ===Additional Answer=== In England when somebody dies if there assets are over a certain amount Probate must be applied for. There are two types of Probate, one is Probate where there is a Will whereby the executors of the Will apply for a Grant of Probate, the second is where there is no Will and the person responsible becomes known as the Administrator and applies for a Letter of Administration (or Letters of Administration). Most financial institutions will allow a surviving relative to complete a "Small Estates Indemnity" form if the deceaseds persons assets are under £5000. In either of the two probate scenarios detailed above an estate account must be sent to the Inland Revenue before Probate will be granted. To compile an estate account you need Inland Revenue form IHT205, there are certain questions on this form that if answered a certain way will tell you to stop filling in this form and compile a full estate account on form IHT200 instead (IHT200 will soon change to IHT400, both are accepted until Oct 2009). If you do manage to complete the IHT205 the estate will be known as an excepted estate. Please note by becoming the Administrator or Executor you are becoming personally liable for a persons debts so we strongly advise you to seek professional help. For more details please visit us at www.iwc-ltd.co.uk/probate.html. ===Clarifiation=== A failure or omission on the part of the executor or administrator can lead to personal liability. However, they are not in general personally liable for the debts of the decedent. They are personally liable for performing all their duties in a lawful and reasonable manner. If they have done so they are not personally responsible to pay a shortfall. If the executor has inadvertently distributed the assets of the estate to the beneficiaries without paying all the creditors then the creditor could pursue the executor personally. That rule is common to the UK and the US. Oversight by a professional who is an expert in probate law should always be a part of the probate process.

Answer 3

No. If the court has already appointed an executor that means there was a will and the estate is being settled by the executor. An administrator is appointed when there is no will. Also, a court would not appoint any estate representative unless it had removed the existing one for some reason.

Answer 4

The administrator of the estate is the one the court will provide letters of administration to. Only a certain class qualifies including heirs-at-law, creditors or a public administrator.

Answer 5

Good afternoon, could you please inform me what type of Letters of Administration do I need for a small estate? Thank you