Quick answer
Letters of Administration are a court document proving you are the legal administrator of an estate when someone dies without a will. You petition the probate court in the county where the person lived, the court appoints an administrator (usually the closest relative), and issues the Letters after any required hearing and bond.
When someone dies without a will, there's no executor named to step in. Instead, the probate court appoints an administrator and issues Letters of Administration — the document that proves that person has legal authority over the estate. If you're the closest relative of someone who died intestate, this guide walks through what the document is and how to get one.
What Are Letters of Administration?
Letters of Administration are a short official document issued by a probate court, naming an administrator and confirming their authority to collect, manage, and distribute a deceased person's assets. They serve the same purpose as Letters of Testamentary — the version issued when there is a will — but apply when someone dies intestate (without a valid will), or when the will fails to name an executor who is able or willing to serve.
Banks, brokerages, the DMV, and other institutions will ask to see a certified copy before releasing account information or transferring assets. Without it, you generally have no legal standing to act for the estate, even as a close family member.
Who Gets Appointed Administrator?
Since there's no will to name anyone, state law sets a priority order for who the court will appoint. While the exact order varies by state, it commonly runs:
- Surviving spouse
- Adult children
- Parents
- Siblings
- Other next of kin, or a public administrator if no family is available or willing
If you're first in line and willing to serve, you can typically petition the court directly. If someone with higher priority declines, they can usually sign a waiver so the next person in line can petition instead.
How to Get Letters of Administration: Step by Step
1. Confirm There's No Will
Search thoroughly — home, safe deposit box, the deceased's attorney or financial advisor — before assuming there's no will. If nothing valid turns up, the estate passes under your state's intestate succession rules.
2. Determine Who Has Priority to Serve
Check your state's priority order to see where you fall, and whether anyone ahead of you needs to formally decline or waive their right to serve.
3. File a Petition With the Probate Court
File in the county where the deceased lived. You'll submit a certified death certificate, a list of known heirs, and a petition to open the estate and appoint you administrator.
4. Notify Heirs and Attend the Hearing
The court requires notice to all known heirs, who have a chance to object. If no one contests — or any objections are resolved — the judge appoints an administrator, usually at a brief hearing.
5. Post Bond and Take the Oath (If Required)
Because there's no will to waive it, many courts require the administrator to post a surety bond sized to roughly the estate's value, as protection for heirs and creditors. You'll also sign an oath accepting the role.
6. Receive Your Letters
Once appointed and bonded, the court issues the Letters of Administration. Request several certified copies — most families need five to ten, since many institutions keep the copy you give them.
Letters of Administration vs. Letters of Testamentary
The two documents grant nearly identical authority — the difference is simply whether a will exists:
| Letters of Testamentary | Letters of Administration | |
|---|---|---|
| When issued | Valid will names an executor | No valid will, or no executor able to serve |
| Who's appointed | The executor named in the will | An administrator, per state priority order |
| Bond | Often waived if the will says so | Often required, since there's no will to waive it |
| Authority granted | Manage and settle the estate | Manage and settle the estate |
What an Administrator Can (and Can't) Do
Once appointed, an administrator has similar responsibilities to an executor: inventory assets, notify creditors, pay valid debts and taxes, and distribute what's left. The key difference is that an administrator must distribute the estate according to the state's intestate succession formula, not according to a will, since none exists.
How Long and How Much?
Most administrators receive their Letters within two to six weeks of filing, similar to Letters of Testamentary — though arranging a bond or locating and notifying heirs can add time. Expect a certified-copy fee of roughly $5 to $25 each, a probate filing fee that varies by state, and, if required, a bond premium based on the estate's value.
How EstateWrap Helps
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