Letter Of Administration
If the deceased left behind no Will, then the law provides that the person have died intestate and the Intestate Succession Act would apply to such estates.
A Grant of Letters of Administration is a court order officially recognising and giving powers to the next-of-kin to carry out the duties according to the Intestate Succession Act, Chapter 146.
Financial institutions and many other authorities require the Grant of Letters of Administration before allowing any closure of accounts or transfer of ownership of assets.
Priority is given to certain next-of-kin to apply for the order. For married person, the spouse is given the priority over the children. The surviving spouse of a married person who left behind young children (below 21 years of age) needs to apply with another person (co-administrator). Two sureties (guarantors) are also required before the court grants the order.
For single person, the parents are given the priority over the siblings. Both parents of a deceased person who was single must apply for the court order jointly. Death certificate of the deceased parent must be produced if either of the parents is deceased. Both parents must renounce their rights if any of the deceased’s siblings is to apply the order in place of the parents. If both parents are deceased, all surviving siblings of a deceased single person have equal rights to apply.
The main documents required to apply for the Letters of Administration are:
1. Death certificate (please indicate the religion of the deceased);
2. Full name, IC number and contact number of next-of-kin applying the court order;
3. Full names, IC numbers and date of birth of all the beneficiaries;
4. “Schedule of Assets” providing details of assets owned by the deceased.