Letters of Administration

Letters of administration are a court document appointing someone to manage a deceased person's estate, usually when there was no will or no available executor. Where there is a will, the similar document is often called letters testamentary. Asbestos defendants and trusts ask for these papers as proof that the person signing has authority for the estate.

Origin

The term comes from English probate practice, where church and later civil courts issued 'letters' granting authority over a dead person's goods. U.S. states kept the practice; names vary, and some states use a single term such as letters of authority or letters of office.

Significance in Asbestos Context

For a family pursuing a deceased person's asbestos claims, letters of administration or letters testamentary are the key proof of authority. Trusts generally require them, along with the death certificate, before accepting a claim filed on behalf of an estate, and courts require a properly appointed representative to continue or start a lawsuit. If the letters expire, or the estate was closed, they may need to be renewed or the estate reopened, and some trusts and defendants ask for recently issued or certified copies. Where the person who was appointed has since died or cannot serve, a successor must be appointed. Having the right papers in place early avoids delays: a trust claim or settlement can stall for months waiting for estate documents. In some cases the court may also need to approve a settlement before the representative can sign the release.

Example Sentence

The trust held the claim until the son submitted certified letters of administration showing he was the estate's administrator.

Related Terms

Probate, Personal Representative, Survival Action, Wrongful Death, Death Certificate, Bankruptcy Trust Claim

Notes

• Ask the probate court clerk for several certified copies; many trusts and defendants want their own.
• Check whether your letters have an expiration date and renew them before they lapse.