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In common-law jurisdictions, administration of an estate on death arises if the deceased is legally
intestate Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...
, meaning they did not leave a will, or some assets are not disposed of by their will. Where a person dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased within
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust. Certain property falls outside the estate for administration purposes, the most common example probably being houses jointly owned that pass by survivorship on the first death of a couple into the sole name of the survivor. Other examples include discretionary death benefits from pension funds, accounts with certain financial institutions subject to a nomination and the proceeds of life insurance policies which have been written into trust. Trust property will also frequently fall outside the estate but will depend on the terms of the trust.


Letter of administration


English law

Upon the death of a person intestate, or of one who left a will without appointing executors, or when the executors appointed by the will cannot or will not act, the Probate Division of the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...
or the local District Probate Registry will appoint an administrator who performs similar duties to an executor. The court does this by granting letters of administration to the person so entitled. Grants of administration may be either general (where the deceased has died intestate) or limited. The order in which the court will make general grants of letters follows the sequence: #The
surviving spouse A widow (female) or widower (male) is a person whose spouse has died. Terminology The state of having lost one's spouse to death is termed ''widowhood''. An archaic term for a widow is "relict," literally "someone left over". This word can so ...
, or civil partner, as the case may be; #The next of kin; #
The Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
; #A creditor; #A stranger. Under the rules for distribution of estates without a will (the
Intestacy Rules Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...
), where a child under 18 would inherit or a life interest would arise, the Court or District Probate Registry would normally appoint a minimum of two administrators. On some estates, even under an intestate, it is not clear who are the next-of-kin, and
probate research Probate research deals with finding heirs and proving their right to an inheritance. In some estates there may be no known heirs, or there may be missing heirs whose names are known but their contact information is not. There also may be known he ...
may be required to find the entitled beneficiaries. An administrator (sometimes known as the administratrix, if female) acts as the
personal representative In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal repres ...
of the deceased in relation to land and other property in the UK. Consequently, when the estate under administration consists wholly or mainly of land, the court will grant administration to the heir to the exclusion of the next of kin. In the absence of any heir or next of kin, the Crown has the right to property (other than land) as ''bona vacantia'', and to the land by virtue of the historic land rights of the Crown (and the Duchy of Cornwall and Duchy of Lancaster in their respective areas). If a creditor claims and obtains a Grant of Administration, the court compels him or her to enter into a bond with two sureties that he or she will not prefer his or her own debt to those of other creditors.


Other types of letters of administration

The more important cases of grants of special letters of administration include the following: *''Administration cum testamento annexo'', where the deceased has left a will but has appointed no executor to it, or the executor appointed has died or refuses to act. In this case the court will make the grant to the person, usually the residuary legatee, with the largest beneficial interest in the estate. *''Administration de bonis non administratis'' occurs in two cases: #Where the executor dies
intestate Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...
after probate without having completely administered the estate #Where an administrator dies. In the first case the principle of ''administration cum testamento'' is followed, in the second that of general grants in the selection of the person to whom letters are granted. * ''Administration durante minore aetate,'' when the executor or the person entitled to the general grant is under age. * ''Administration durante absentia,'' when the executor or administrator is out of the jurisdiction for more than a year. * ''Administration pendente lite,'' where there is a dispute as to the person entitled to probate or a general grant of letters the court appoints an administrator till the question has been decided.


See also

* Probate (administration, as to both testate and intestate estates, in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
and
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
) * Administration of Estates Act 1925 *
Calendars of the Grants of Probate and Letters of Administration A calendar is a system of organizing days. This is done by giving names to periods of time, typically days, weeks, months and years. A date is the designation of a single and specific day within such a system. A calendar is also a physi ...
(CGPLA) *
Estate planning Estate planning is the process of anticipating and arranging, during a person's life, for the management and disposal of that person's estate during the person's life, in the event the person becomes incapacitated and after death. The planning inc ...


References

{{DEFAULTSORT:Administration Of An Estate On Death Real property law Wills and trusts English law Inheritance