Letter of Administration: Complete Procedure

Updated on July 08, 2024 08:00:11 AM

A letter of Administration is known as an official document that provides legal authority over a deceased person’s property. This document plays an important role when an individual passes away without any will. So, any person who is related to him/her can apply for grant authority of the deceased estate. They could be a person’s partner, child, parent or siblings. To know more about the letter of administration you can continue reading this article. This article will discuss the complete procedure of a letter of administration.

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What is a Letter of Administration?

A Letter of Administration is a legal letter given by the court that gives control over the estate of a deceased person. This is typically issued on the instant death of an individual who died intestate. In India, the provision related to the letter of administration is governed by the Indian Succession Act, of 1925.

The main purpose of a Letter of administration is to ensure proper management of deceased property. It helps to enable the heirs to succeed in both movable and immovable assets.

Required Documents for Letter of Administration

Here is the complete documents list given below that is required for the letter of administration:

  • Deceased’s Death Certificate
  • Deceased’s Aadhar Card
  • Deceased’s Ration Card
  • Legal Heirs list
  • Aadhar card of all legal heirs
  • Properties documents and related proofs

The procedure of Letter of Administration

The whole procedure of the letter of administration is mentioned below:

  1. Application for letter of administration:Filing the application or petition for a letter of administration in concern of the District Court or High Court is an initial step. In this stage, the applicant has to submit the petition attached with the above-mentioned documents in the district court. The applicant also has to mention the estimated value of the asset of the deceased person.
  2. Notice to Legal Heirs & Publication:After submitting the petition, the court sends a notice to all legal heirs. At this stage, a publication occurs in the newspaper that helps in fair distribution among all the legal heirs. Within 45 days from the publication if anyone has an issue regarding the distribution so they can raise an objection
  3. Valuation of Asset:After the sending notice, the court summons the concerned authority to evaluate the current value of the asset.
  4. Grant the letter of administration & Court Fees:If any objection does not raise in these 45 days, the court asks the applicant to pay the court fees according to the valuation of the property, this fee can be 2 to 3 percent of the total value of the property. Then the court will grant the letter of administration in favour of the applicant. The complete procedure of the letter of administration can take up to 4 to 6 months ( in case of no objections). This is a long and complex process that needs a professional legal consultant. However, the litem legalis will be your great choice.
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Conclusion

The letter of administration is an essential legal process that helps to assign a person who administrates a deceased person’s asset. This document is issued by the court that grants the legal authority of that estate. This letter plays an essential role when there is no legal will (the person dies intestate), here the court ensures that the assets succession is according to the law. The complete procedure of LOA can take 4 to 6 months therefore the applicant must consult with a professional lawyer.

Frequently Asked Questions (FAQs)

What is a Letter of Administration?

A Letter of administration is a legal letter given by the court that gives control over the estate of a deceased person.

What is Succession Certificate?

The succession certificate is an essential legal document that helps in the smooth transfer of immovable property of a person who passes away without a legal will.

How can a letter of administration be issued in India?

The letter of administration is issued by the legal authority of the country or court.

Who applies for a letter of administration?

Anyone can apply for a letter from the administration that relate to that deceased person. They can be their partner, children, parent or siblings.

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