Letters of Administration

Legal Definition and Related Resources of Letters Of Administration

Meaning of Letters Of Administration

When a person dies intestate , the probate court having jurisdiction will issue to the proper person an authority under the seal of the court, called Letters of administration . The person to whom such authority is granted is called the administrator and upon such grant being made he acquires all the powers, rights and duties of an executor . If a person dies leaving a will, but without naming an executor, or if the executor named in the will predeceased the testator , or is unable or unwilling to act, then the court may grant to the proper person Letters of Administration with the will annexed. As a rule, an administrator may be required to post security or a bond, called Administrative Bond, for the proper performance of his obligation . See U.P.C. §3-601. An administrator’s title to the estate of the deceased is derived wholly from the court in which the grant of the Letters of Administration is made and does not vest until such grant. See Emmons v Gordon, 140 Mo. 490, 41 S. W. 998. Executors, on the other hand, are said to derive their power from the will and not from the probate although in most jurisdictions, they are permitted to exercise limited powers before probate of the will and the grant of letters. See Wall v Bissell, 125 U.S. 382, 8 S.Ct. 979,31 L.Ed. 772. where there is a dispute between interested parties touching the validity of a will, or the grant or revocation of Probate or Letters of Administration, an administrator pendente lite, that is, pending the disposition of the litigation , may be appointed by the court. Where after the appointment of an administrator, a vacancy occurs as for example where the appointed administrator dies or resigns or is removed, and there are assets remaining unadministered, the court will appoint an administrator who is known as an administrator de bonis non.

Letters Of Administration Alternative Definition

An instrument in writing, granted by the judge or officer having jurisdiction and power of granting such letters, thereby giving the admipistrator (naming him) “full power to administer the goods, chattels, rights, and credits, which were of the said deceased, in the county or district in which the said judge or officer has jurisdiction; as also to ask, collect, levy, recover, and receive the credits whatsoever of the said deceased, which at the time of his death were owing, or did in any way belong, to him, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels, rights and credits, will extend, according to the rate and order of law.” See “Letters Testamentary.”

Related Entries of Letters Of Administration in the Encyclopedia of Law Project

Browse or run a search for Letters Of Administration in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Letters Of Administration in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Letters Of Administration in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Letters Of Administration in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Executor, Liability, Doctrine Of Relation, Surrogate Court.


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Related topics Letters Of Administration in the World Encyclopedia of Law


This definition of Letters Of Administration is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Letters of administration in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of letters of administration.


See Also

  • Law Enforcement Officer
  • Police Work
  • Law Enforcement Agency

Further Reading

Meaning of Letters of Administration in the U.S. Legal System

Definition of Letters of Administration published by the National Association for Court Management: Legal document issued by a court that shows an administrator’s legal right to take control of assets in the deceased person’s name.

Concept of Letters of Administration in the context of Real Property

A short definition of Letters of Administration: A probate court order appointing an administrator.

Concept of Letters of Administration in the context of Real Property

A short definition of Letters of Administration: A probate court order appointing an administrator.

Letters of Administration



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