Why Grant Of Letters Of Administration Is Necessary

If a person passes away intestate, that is, without leaving a Will or any other testamentary document, the court will appoint someone as administrator by issuing Letters of Administration to oversee the estate of the deceased.

If all that is left of the estate is movable property, a Succession Certificate must be requested. However, if the estate only or solely consists of movable property, the court must first issue a grant of letters of administration intestate before the estate can be managed. Even the operation of the deceased person's bank-maintained locker or lockers requires a LOA. A request for a LOA is only acceptable under the following circumstances:

·        when there is no volition;

·        absence of an executor named in the decedent's will; failure on the side of the executor of the decedent's will to accept the executorship within the timeframe requisite for such acceptance, or renunciation;

·        legal inability or the executor's unwillingness to fulfil their obligations;

·        death of the executor prior to the state's administration

·        The mother will have the sole authority to govern the estate if there is no widow; otherwise, the estate must be transferred to someone who would be entitled to it under the distribution laws.

·        The deceased's common ancestor is also a need for administration eligibility.

·        The creditor may act if no one who was related to the dead by marriage or consanguinity is qualified or eager to do so.

The rights of the administrator

   The administrator is granted the same comprehensive set of intestate rights through letters of administration and the lasting power of attorney cost is reasonable. The administration had been granted just after the intestate's dying.

·        The administrator, who is the legal representative for all reasons, is the owner of the deceased person's property.

·        Nobody else is permitted to file a lawsuit, speak for a deceased person in court, or take any other action in that capacity.

·        The administrator would not be permitted to take any actions that may diminish or hurt the intestate's estate.