Letters of Administration

Letters of administration are the legal documents in probate that give people the legal authority to access and manage an estate’s assets after someone passes away intestate.

These letters are often an early step in the probate process, which is the official settling of someone’s assets, taxes, and accounts when they pass away. 

You need them to get access to sensitive accounts and belongings.

For example, with these letters of administration, an executor or personal representative (the person officially settling the estate on behalf of the family) is able to close bank accounts, sell estate property, and distribute assets to beneficiaries.

When probate is required, that document executors and administrators receive is called “Letters of Administration”.

The document issued by the probate court is based on whether the deceased (known as the decedent) died with a Will or without one. 

For example, in California, if the decedent had a Will, the court will issue “Letters Testamentary” and if the decedent did not have a Will, the court will issue “Letters of Administration”.

“Letters of Administration” may also be issued if a will doesn’t name an executor, if the named Executor is unable to serve for medical or legal reasons, or if the Will is contested or deemed invalid.

Just like your bank confirms who you are before giving you any information about it, the same happens when someone passes away. 

Banks, brokerages, email accounts, and other assets will require proof that you are legally authorized to access the deceased’s accounts. 

In short, you need authorization, which is given by the probate court, in the form of these letters. 

Usually when you request to manage an account, the institution will ask for your letters of administration or letters testamentary along with a death certificate and any additional forms the company requests. 

Let's say Mary from San Antonio's father died, and she was named executor or personal representative in the will. One of the first things she tries to do after he passes is gain access to his bank account, but the bank says they need to see her letters of administration and a death certificate. So, she petitions the court to begin the probate process and after she is officially recognized as the executor, she receives a her letters of administration signed by the probate court. Then, she sends those to the bank along with the death certificate and receives access to that account.

What do letters of administration look like?

Like this: 

This is an example from Florida. In this case, the person named in the will as personal representative or executor, or the person who stepped up to that position, will be given these after being officially appointed in probate court. 

Then, you would forward this to any bank or company who needs to see it before giving you access to sensitive accounts and information. 

👉  Get the letters of administration for your state

Are letters of administration and letters testamentary the same thing?

Not quite. They offer similar authority to executors, but you receive letters testamentary when a will is involved, and you receive letters of administration when the individual passed away intestate, or without a will.

Who applies for Letters of Administration?

You need to apply for Letters of Administration if you are the executor named in the decedent’s will, although it is possible to refuse to serve. If the decedent did not have a will, the closest living relative needs to apply. This is usually the decedent’s surviving spouse or child. 

Sometimes, multiple children will apply to be co-executors and the Letters will name them both. However, keep in mind that all executors must sign all documents where an executor’s signature is required and some banks will not work with co-executors.

How does someone get their Letters of Administration? 

1. File an application for probate (go here to get the forms you need using Atticus, or google "application for probate" with your county and state afterward).
2. File that form with the court in the country where the person permanently resided (known as their domicile).
3. Let family members, heirs, creditors, and other beneficiaries know 
4. Attend the probate hearing
5. Be appointed as executor or personal representative by the judge 
6. Get your letters from the court
7. Fulfill the rest of your duties as executor or personal representative