Updated on December 04, 2021 07:03:58 AM
Letter of Administration is often confused with terms like Probate and Succession Certificate. Probate in simpler terms is a copy of the will that is certified by the seal of court. Only the executor nominated in the Will can apply for probate. A Succession Certificate is issued for the purpose of movable assets like debts and securities of a deceased person whereas Letter of Administration grants the right to administer the estate of a deceased person.
Still find it difficult to understand then continue reading till the end to understand it in detail.
LOA (Letter of Administration) is an official court document issued for the purpose of giving authority to a person (it is granted) to administer all the estate of a deceased person. It is issued in case when a person dies intestate (without leaving a Will). Letter of administration gives legal right to the person to administer the estate of a deceased person. In cases when there is not any executor of Will then the beneficiary can apply for a letter of administration in the court.
For instance, there are three types of people attached with inheritance of property: one is the estater (Owner of Will), second is executor (who helps in executing the will), and the third one is a beneficiary.
We first need to understand the situations where a petition for LOA can be filed. In the later part, we will see the laws governing the same in our Constitution.
Under the following circumstances, a request for a Letter of Administration (LOA) can be made:
When there is no Will;
When Executor declines or fails to accept executorship within the prescribed time period;
When no executive of the will is appointed in the Will;
When executor refuse to act or is legally incapable to do so;
When the executor dies prior to administration of the estate.
The District Judge, within whose jurisdiction any property, movable or immovable, is situated or the deceased resided, immediately, before his death, shall be having the jurisdiction to try and entertain the Petition.
Indian Succession Act 1925 governs all the laws related to letter of administration and probate in India. Under the Indian Succession Act, 1925:
While filing the petition for the Letter of Administration, there is certain documentation needed to attach along with the petition. All those documents that are required at the time of letter of administration are stated below:
Death Certificate of the testator/deceased.
Aadhar Card of the testator/deceased.
Ration Card of testator/deceased.
Original Will in case of letter of administration without Will.
List of Legal heirs.
Aadhar of all legal heirs.
Documentary proof of the properties testator/deceased. If there is Will then documentary proof of the properties mentioned in the Will.
The Government fee as well as advocate fee depends on the value of property for which the petition has been filed.
| Value of Property | Court Fees |
|---|---|
| When the amount is in between 1 lakh and 10 lakh | Two and one-half per cent on such amount or value. |
| When the amount is in between 10 lakh and 50 lakh | Three and one-quarter per cent on such amount or value. |
| When the amount exceeds 50 lakh | Four per cent on the amount or value. |
After understanding eligibility, documentation, and fee structure for the letter of administration, you are all set to completely understand its procedure. However, you already would have noticed its importance and how many complications it consists of. That’s why to ease your process, we at Litem provide you with experienced and qualified advocates to handle your case and provide you with a Letter of Administration with as much ease as possible.
| Succession Certificate | Letter of Administration |
|---|---|
| Succession Certificate is a document that is needed in case when a person dies without leaving a will. It gives the authority of collecting debts and securities to the one who possesses it. | LOA (Letter of Administration) is an official court document issued for the purpose of giving authority to the person (to whom it is granted) to administer all the estate of the deceased person. |
| It can only be granted to legal heirs. | Letter of Administration can only be granted to those whose name is mentioned in the will (if there is a will). |
| There is no boundation of time period for filing a petition for succession certificate. | Petition for letter of administration can only be filed after 14 days of the death. |
Rights to the estate of the deceased are granted through probate, letter of administration, and succession certificate documents. It is through probate and letters of administration that administrative rights pertaining to a deceased person's estate are validatedAs compared to the other two documents, the role of the Succession Certificate is very limited.
Succession Certificates can be used to acquire debts and securities, but they cannot be used to acquire rights to movable property or assets of significant value. But filing a petition and acquiring all the documentation related to the letter of administration should be done accurately. Even a small mistake can lead to decline or rejection of a petition by the court.
With experienced advocates and lawyers like Litem, this process can be simplified. All you need to do is just follow these 3 basic and simple steps to have the letter of administration with you.
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