A Letter of Administration issued by a competent authority. It appoints the Administrator to dispose of the asset of a person who has died without making a Will or in relation to a asset that does not cover in it.
Letter of Administration
If someone dies interstate before administration of estate entrusted to someone or when no executor shall appoint under the will of deceased or when executor then appointed but he refuses to act, then Letters of administration may issued to entitle the administrator to all rights required for effective administration of the estate of deceased. An application should file to a civil court of competent jurisdiction which will then appoint the Administrator to dispose off the debts.
Application Of Letter of Administration
A Letter of Administration may granted to one or several people who may apply to the Court. If no one applies, it may then granted to a creditor of the deceased. A Letter of Administration cannot granted to a minor or a person of unsound mind.
- Form for the grant of Letters of Administration is in Schedule VII of The Indian Succession Act, 1925, contains the form for grant of Letters of Administration. This application then made after 14 days of the death. The court grants the letter to beneficiary if satisfied and if no one applies it may granted to the creditor of the deceased.
- Will has to be duly executed and petitioner’s name must be there. Details like time of death, amounts of assets should mentioned.
For obtaining a letter of administration the beneficiary has to apply to the court. The court on receiving satisfactory proof of valid execution of the will issues letter of administration to the beneficiary. The application for letter of administration has to contain the following details:
- The time of the testator’s death
- That the writing annexed in his last will and testament
- That it was duly executed
- The amount of assets which are likely to come to the petitioner’s hands, and
- The petitioner also the executor named in the will