letters of administration

Thân thiện

Definition

Noun: A legal document issued by a probate court that officially appoints an administrator to manage and distribute the estate of a person who has died without leaving a valid will (intestate) or without naming a qualified executor in their will.

Usage

This term is used specifically in the context of probate law and estate settlement. It grants formal authority to an individual (the administrator) to act on behalf of the deceased's estate.

Examples

• The court granted letters of administration to the deceased's eldest son, as there was no will.
• Without a valid executor named, the family had to apply for letters of administration to access the bank accounts.
• She presented the letters of administration to the financial institution to prove her authority to close the account.

Advanced Usage

• Limited letters of administration: A type granted for a specific, limited purpose or for a limited part of the estate, rather than the entire estate.
• Letters of administration with will annexed: Issued when a will exists but fails to name an executor, or the named executor is unable or unwilling to serve. The administrator then carries out the terms of the will.

Variants and Related Words

• Administrator (n): The person appointed by the court to manage the estate, as authorized by the letters of administration.
• Probate (n): The legal process of proving a will and administering an estate.
• Intestate (adj): The condition of having died without a valid will.

Synonyms

• Grant of administration
• Administration documents

Notes

This is a formal, fixed legal phrase. It is distinct from "letters testamentary," which is the document appointing an executor named in a valid will. The key difference lies in the presence (letters testamentary) or absence (letters of administration) of a valid will with a named executor.

Học thuật

Noun

1. legal document naming someone to administer an estate when no executor has been named