What are Letters of Administration in Probate?

Definition and Role

The Letters of Administration is a legal document issued by the probate court identifying the person who has been appointed as personal representative, aka executor, and is now empowered to act on behalf of the estate. Under Florida statute, the fiduciary of the estate is referred to as the personal representative, but other states refer to the same role as the executor or administrator. The person appointed as personal representative is generally a close family member of the decedent, such as the surviving spouse or child, but occasionally can be an independent third party such as an attorney.

Do I Need Letters of Administration?

Authority and Responsibilities

The Letters of Administration gives the personal representative the right to step into the shoes of the decedent, in order to collect assets such as bank accounts, brokerage accounts, and insurance policies. The personal representative is also in charge of selling or transferring any real estate and will be the person responsible for hiring the realtor, as well as executing the closing paperwork at the time of sale. The Letters of Administration occasionally stipulate the breadth of powers granted to the personal representative or any limitations placed on the personal representative by the court. Third parties, such as financial institutions, will rely on the certified copy of the Letters of Administration to identify the person whom they can release assets to.

How To Obtain Letters of Administration?

Process and Requirements

There are certain counties in Florida, which will limit the Letters of Administration, either requiring further court orders to transfer or sell any estate assets, or by requiring that all assets be deposited into a restricted depository. Some counties take a more traditional route and require the personal representative to pay a bond before obtaining the Letters of Administration.

Steps to obtain Letters of Administration:

Obtain a copy of the death certificate to present to the court. Always submit original but make copies for your record.
Inform relatives and those who might inherit a portion of the Estate.
Gather finances, assets, debts, property mortgages, investments, life insurance policies etc.
Contact an experienced Probate Attorney at the Florida Probate Law Firm for expert guidance through this process.

Florida Probate Law Firm

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Working with an experienced probate lawyer can save your family from worrying. Your first step towards peace of mind starts by calling our law firm to arrange an initial consultation with an experienced Florida probate litigation attorney. Contact the Florida Probate Law Firm today at (954) 833-5139; we are here to provide comprehensive support and navigate the complexities of probate with you.

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