Legal Drive

Letters of administration

A court grant that authorises a person to administer the estate of someone who died without a will, or whose will names no executor willing to act.

Letters of administration do for an estate without an executor what probate does for one with an executor: they appoint someone (the administrator), usually a close relative, to collect the assets, pay debts and distribute the rest according to law.

The law behind it

Section 2(a) of the Indian Succession Act, 1925 defines an administrator. Letters of administration can be granted where a person dies without a will (Section 218), or with a will but no executor willing or able to act, in which case they are granted with the will annexed (Section 232). The administrator has the same rights and duties as an executor.

When you may need them

  • A person died without a will, and an institution or buyer asks for a court grant before dealing with the estate.
  • A will exists but the executor has died, renounced or was never named.
  • The family wants a court order binding on everyone, to prevent later claims.

For small sums held by banks, a succession certificate or the bank's own claim process may be enough instead. Banks follow RBI's directions on settling claims of deceased customers.

Bond

The administrator may be asked to give a bond, sometimes with sureties, to show they will administer the estate properly.

Use the letters of administration petition.

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