Letter of Administration: What is a Letter of Administration? A letter of administration is often issued by the court to an administrator to oversee the estate of a deceased person if they expired without leaving a testamentary document or a will. However, the estate must include moveable and immovable assets for the letter of administration to be issued. Incase if the estate has only moveable assets, then a Succession Certificate is sought after.
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What is the Purpose of a Letter of Administration?
As stated above, an LOA grants a legally appointed individual to oversee the estates of a deceased individual that did not leave behind a will or testamentary document. Moreover, banks require a Letter of Administration to operate the locker of a deceased individual. Hence, the LOA is an important document and it is governed by the provisions of the Indian Succession Act. In this article, we shall explore the conditions where a letter of administration is applicable and the individuals that can be appointed as administrators. We shall also explore the various rights of the administrators and the application process.
Conditions Under Which Letter of Administration is Granted
A letter of administration is granted under the following circumstances:
- A letter of administration is granted if the deceased individual does not leave behind a Will
- It can also be granted when the executor of the Will of the deceased individual refuses to accept the executorship within the stipulated time period for such acceptance
- The Will is present but it fails to appoint an executor
- Legal incapacity of the Will’s executor
- Refusal to act by the appointed executor
- Death of the executor
Who Can be Appointed as Administrator?
The following individuals can be legally appointed as administrators by a court:
- Spouse, or family members, except minors and individuals who are of an unsound mind.
- Individuals who stand in equal degree of kindred are also entitled, provided they are of sound mind and not a minor
- The deceased’s creditor is no other person connected by marriage or family is found eligible
- The court, at its discretion, can also grant administratorship to multiple people if deemed necessary.
Lastly, the other rules for the estate’s distribution are also applicable. Most importantly, if any of the will’s executors are found to be a mentally unsound person or a minor, they cannot be granted stewardship of the estate.
Application Process for Letter of Administration
The letter of administration can be sought from the District Judge, whose jurisdiction falls under the deceased residence before their death or the location of moveable or immovable property.
- The applicant will have to file a petition seeking the issuance of LOA
- The petition will have the mention the details required by the law – such as the details of the death, surviving legal heirs, beneficiaries, description of assets, the right in which the applicant claims
- Supporting documents – such as the death certificate, property documents and relationship proof must be provided.
- Post filing the petition, the District judge will examine it and issue notices to those who may show interest in the deceased’s property. Alternatively, the court may also ask for publication of the notice in newspapers, citing for objection if any.
- If all the required conditions and legal aspects are satisfied, then the court may grant the letter of administration to the applicant.
- However, if the court suspects that the Will of the deceased exists, but is not forthcoming, then the LOA may be granted with limited power until the Will or a copy is produced.
What are the Rights of Administrator?
- The administrator is the legal representative of all purposes and property of the deceased individual
- No other individual besides the legally appointed administrator has the power to act as the representative of the deceased.
- Acts by the administrator leading to damage of the intestate’s estate shall not be validated.
FAQ’s on Letter of Administration
Question 1.
What is a Letter of Administration?
Answer:
A letter of administration is a legal document often issued by a court to a legally appointed individual to oversee the estate of a deceased person if they expired without leaving a testamentary document or a will. The person who is legally appointed in such scenarios is called the administrator.
Question 2.
What is the Purpose of a Letter of Administration?
Answer:
A Letter of Administration grants a legally appointed individual to oversee the estates of a deceased individual that did not leave behind a will or testamentary document. Furthermore, banks and other financial institutions may require an LOA to operate the locker of a deceased individual.
Question 3.
Who Can be Appointed as Administrator?
Answer:
The following individuals can be legally appointed as administrators by a court: Spouses, family members or individuals who stand in equal degree of kindred are entitled. In case no such applicant bound by blood or marriage is found, the deceased’s creditor is found to be eligible. However, minors and individuals of unsound mind are not eligible to be appointed as administrators.
Question 4.
How Do I apply for a Letter of Administration?
Answer:
The applicant will usually have to approach the District judge and file a petition. Following this, there are legal proceedings as well as other auxiliary tasks which have to be performed by the applicant. These include providing details required by the law, such as the details of the death, surviving legal heirs, beneficiaries, description of assets, etc. This is followed by the District judge examining and issuing notices to those who may show interest in the deceased’s property. If all the required conditions and legal aspects are satisfied, then the court may grant the letter of administration in favour of the applicant.
Question 5.
Can the deceased minor son be appointed as an Administrator?
Answer:
No, the deceased minor son cannot be appointed as an administrator.
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