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Do you have to have a letter of administration before you can share an estate?

Do you have to have a letter of administration before you can share an estate?

An administrator has to apply for letters of administration before they can deal with an estate. Although there are some exceptions, it is usually against the law for you to start sharing out the estate or to get money from the estate, until you have probate or letters of administration.

Can a person challenge the administration of an estate?

Unsourced material may be challenged and removed. In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will.

Can a stranger be the Administrator of an estate?

A stranger. Under the rules for distribution of estates without a will (the Intestacy Rules ), 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.

What happens if there is no will or administrator?

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.

An administrator has to apply for letters of administration before they can deal with an estate. Although there are some exceptions, it is usually against the law for you to start sharing out the estate or to get money from the estate, until you have probate or letters of administration.

When to apply for a letter of administration?

There are strict rules about who can be an administrator. If there is a valid will, you can apply for letters of administration if: the person who died left all of their estate to you in the will, and the executors are not named, or cannot or are unwilling to act.

What happens if my sister does not open an estate?

Without a will, heirs of the same degree you and your sister share equally. If your sister does not open an estate you can petition to do so. The power of attorney expired when your father passed, so your sister has no more authority than you have.