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A letter of administration is an official document that gives the person named in the letter the legal right to access the assets, money and property of a person who's died without a will, pay their remaining taxes and settle their debts.The will is invalid. No executors are named in the will.
To be appointed executor or personal representative, file a petition at the probate court in the county where your loved one was living before they died. In the absence of a will, heirs must petition the court to be appointed administrator of the estate.
The fee for applying for probate or letters of administration depends on the value of the estate. You won't pay a fee if the value of the estate is less than £5,000. If the estate is valued at A£5,000 or more the fee is A£215. This is the same for both post and online applications.
Each county has its own specific form for the small estate affidavit, so obtain the form from the website or office of the probate court in the county in which your loved one was a resident. Although each form is slightly different, they all require the following information: Name and address of decedent. Date of death.
An application has to be submitted to request letters testamentary and letters of administration. The clerk of the probate court then issues a citation to all interested persons of the estate. The citation is served by posting at the county courthouse.
The fee for applying for probate or letters of administration depends on the value of the estate. You won't pay a fee if the value of the estate is less than £5,000. If the estate is valued at A£5,000 or more the fee is A£215. This is the same for both post and online applications.
Typically, it takes four to six weeks after the decedent's death to appoint an executor or administrator. Even in the most routine probates, the law requires a minimum four-month wait after the Notice to Creditors has been issued before any action can be taken to distribute or close the estate.
You must apply for letters of administration within 6 months from the date of death, unless there is a reasonable explanation for the delay. If you apply after 6 months, you will need to file an affidavit of delay at the Supreme Court of New South Wales.
To apply for a Letter of Administration you need to have details of everything the deceased person owned and how much this is worth, as well as their outstanding debts. You will need this information to complete the Inheritance Tax returns and calculate any Inheritance Tax that needs to be paid to HM Revenue & Customs.