When do i get letters of administration

Example: Ayodele and Olujimi are not married. They have one grown-up daughter called Ife. Ayodele and Olujimi own their home as tenants in common. Ayodele dies without leaving a will. Olujimi doesn't have the right to apply for letters of administration but Ife does. She inherits the half share of the home under the rules of intestacy. Olujimi keeps his half share. For more information about beneficial joint tenancies and tenancies in common, see Buying with someone else in Buying a home. For more information about the rules of intestacy, see Who can inherit if there is no will — the rules of intestacy.

If the property is to be inherited by someone and there is still an outstanding mortgage on it, the mortgage company will either require the mortgage to be paid immediately, or ask the person who inherits the property to take over the mortgage. If there is a mortgage on the property, there might be a life insurance policy, an endowment policy, or mortgage protection policy which will pay the outstanding mortgage if the person with the mortgage dies.

In this case, you should write to the company, asking for a final statement. Couples may also have joint bank or building society accounts. If one dies, all the money will go to the surviving partner without the need for probate or letters of administration. The bank may need the see the death certificate in order to transfer the money to the other joint owner. Probate or letters of administration may still be needed if there are other assets that are not jointly owned.

If, after the funeral expenses have been paid, the amount of money held by the organisation is under a certain amount, they might be prepared to release it to you without you having to apply for probate or letters of administration. This amount may vary from one organisation to another, so you will need to check with each one. Some banks and building societies will release quite large amounts without the need for probate or letters of administration. Also some banks and building societies will release money needed to pay for a funeral, probate fees and inheritance tax but nothing else until you have been granted probate or letters of administration.

This depends entirely on the policy of the organisation in question. They do not have to release anything, however small the amount of money. If the organisation refuses to release money without probate or letters of administration, you must apply for probate or letters of administration even if it is not otherwise needed.

Many executors and administrators act without a solicitor. However, if the estate is complicated, it is best to get legal advice. You should always get legal advice if, for example:. If there are any problems with the way that executors or administrators deal with the estate, for example, if there is unreasonable delay or if the executors or administrators misuse their legal powers, you will need legal advice. You can find out how to get free or affordable legal advice.

The time it takes to get probate or letters of administration varies according to the circumstances. It may only take three to five weeks if there are no complications, inheritance tax is not payable, the estate is straightforward and all forms are filled in properly. However, in more complicated cases, it may take much longer. You can apply for probate online or by post. You can apply online at GOV. To apply for probate or letters of administration by post, you'll need to fill in a number of forms.

These forms ask for details about the person who died, their surviving relatives and, the personal representative. You'll need to fill in other forms depending on what's in the estate and how much it's worth. They can help with filling out the form. Make sure you keep copies of the forms and anything else you have had to send with the forms. Send the forms and documents to the Probate Registry.

If the court grants letters of administration with the will annexed, the administrator must distribute the estate according to the deceased's wishes in the will and not under the 'rules of intestacy'. Before you apply to the Supreme Court of NSW for letters of administration or letters of administration with the will annexed, you must first publish a notice on the NSW Online Registry website.

This is also called a 'Notice of intended application'. There are fees to publish a notice. If you do not have access to the internet or if you do not own a credit card, you may file the form and pay the fee at the Supreme Court registry in person or by post. Before you publish the notice on the NSW Online Registry website, you will need the following information:. If you have made a mistake after the notice has been published, you must contact the Supreme Court of New South Wales to correct it.

You may need to re-publish your notice. You will need to wait another 14 days from the time the notice has been corrected before you can file your application. After you have published the notice of intended application on the NSW Online Registry and you have waited at least 14 days, you can apply to the Supreme Court of NSW for letters of administration.

To apply for letters of administration you will need to file the following documents in the Supreme Court of NSW:. If there is more than one person who is entitled to a share in the estate and they are not joint applicants, you also need to file a Consent to Administration for every other person who is entitled to a share of the estate.

If you cannot obtain the consent of the other people who are entitled to a share of the estate you will need to serve notice of your intended application and may need to provide an administration bond to cover the value of their share of the estate.

If you are applying for Letters of Administration and the deceased had no de facto spouse, you may also have to file an affidavit that the deceased was not in a de facto relationship. You will also need to pay a filing fee and provide the court with a stamped self-addressed A4 envelope. After you have paid the filing fee and filed your application, the registry will check the application is complete and may send you requisitions by post if additional information is required.

You must apply for letters of administration within 6 months from the date of death, unless there is a reasonable explanation for the delay. If you wait more than 6 months before you make an application for letters of administration, the court may require you to publish another notice of intended application.

Step by step guide: Making an application for letters of administration. If your application is incomplete or incorrect, you will receive a letter from the court, called a 'requisition,' which explains the problems with your application. You will need to either re-file a form or file a separate affidavit to answer the requisition and attach a copy of the requisition to your affidavit. The court will not grant you administration until you have answered the requisition.

The court may raise further requisitions if the court is not satisfied with your response. Your application may be dismissed if you fail to respond to the requisition or if you do not ask for more time to respond to the requisition. If you do not understand the requisition or if you are not sure how to respond, you can ask the Supreme Court registry or you should get legal advice. Sample requisitions from the court - Letters of administration. If there are no problems with your application and documents, and after any requisitions are finalised, administration should be granted.

You do not need to attend court as the court Registrar will normally do this in Chambers not in open court. For more information about what to do once administration has been granted, see After Probate or Administration. When a person dies without leaving a will they die 'intestate'. Under the rules of intestacy, the surviving spouse of the deceased will receive the whole of the estate unless the deceased has children.

These include:. If you are on a low income, you may be able to get help with the fee. We can provide a competitive quote. Since November it has no longer been necessary to formally swear an oath before receiving a Grant of Representation. Instead, a statement of truth is required. There are a number of steps you should take before distributing the estate, such as advertising for creditors, to ensure you do not incur any personal liability.

Letters of Administration are public documents and you should make them available to anyone who asks to see them. Skip to content. Letters of administration. Home » Probate » Letters of administration If someone dies and they made a Will , a Grant of Probate may be necessary — click here to see our Probate page.

Case study 1: Claire and Ben are an unmarried cohabiting couple. Case study 2: Phillip and Sue are a married couple. Please choose To get a grant of letters of administration, you need to submit an application to the probate registry.

Once your application has been approved, your grant of letters of administration will be sent out to you in the post. It takes around 30 days to get a grant of letters of administration if the case is fairly simple.

For more complex estates, this can take slightly longer. This process can take anywhere between months — it really depends on the number of accounts in the estate and how many properties, if any, need to be sold or transferred. If you would like help with the admin side of things, you may be interested in our Complete Probate service.

This covers everything from calculating the value of the estate, to submitting the application, to distributing assets to beneficiaries.

Simply call us on for a free, no obligation quote. These are the probate registry fees for handling an application. This fee covers the time and care taken to prepare your probate application and tax forms, and it also gives you the peace of mind that everything has been handled correctly. Article reviewed 6 March