Why a Letter of Administration Without a Will and How to Use it

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Why a Letter of Administration Without a Will and How to Use it

Posted By Peter John     March 20, 2023    

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An applicant's status as the executor of the decedent's estate is officially recognized by a letter of administration without will. The chosen person is in charge of looking after the deceased's assets. This includes dispersing the estate's assets to the beneficiaries once the decedent's debts and other expenses have been paid.

If the decedent did not leave a legal will, the inheritance will be divided as follows:

  • The Intestate Succession Act for estates.
  • You are a beneficiary if you are eligible to receive a portion of the deceased person's estate.
  • Those who apply first

Typically, the magnitude of a beneficiary's right to the decedent's estate determines their priority in applying for a grant of letters of administration. The priority is higher for those with greater entitlements. Letters of administration are typically granted with preference to the dead person's spouse.

Less important recipients could:

Apply alongside those who have the right before you

If you have the renunciation of the people having the prior right, submit your application. Giving away one's application rights is the act of renunciation.

Prior to submitting a grant application, ascertain:

What assets are available

Some assets, including cash in the decedent's Central Provident Fund account, real estate held in joint tenancy without an outstanding mortgage, and various insurance policies with nominations, may be distributed without a grant.

a measure of the assets' worth

If you meet certain requirements, you might be eligible to petition for the Public Trustee to administer the estate if the value of the estate.

Any foreign individual who may be entitled to an estate or interest in real estate.

If so, the estate or interest must be distributed to the beneficiaries within five years of the decedent's passing or sold in accordance with the Residential Property Act.

How to apply for letters of administration in steps

In situations where all of the following apply, the procedure for submitting a request for letters of administration is as follows:

  • No legal will was left behind by the dead.
  • You have a right to a portion of the estate as a beneficiary.

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