Letters of administration
The court document proving somebody has been appointed to handle an estate where there is no will.
What it means
The same instrument as letters testamentary, issued in the situation where there is no will — or where the will named nobody who can serve.
It proves that a court has decided who may act, and that is all it proves.
Why it matters
Institutions ask for it by name, and a family that only knows the phrase 'letters testamentary' can waste a trip.
Where the will exists but the named executor cannot serve, some states issue letters of administration 'with the will annexed', which means the estate still follows the will.
When you are likely to meet it
- When there is no will and property is in the deceased's name alone.
- When a form offers 'letters testamentary or letters of administration' and you have to know which one you are getting.
How this varies by state
Naming varies, and several states issue one document for both situations.
Below is how the states Sahvelo has published describe it, in their own words, each linked to the guide that sources it.
Alabama
Letters testamentary or letters of administration
The probate court's document appointing somebody to act for an estate — testamentary where there is a will, of administration where there is not. Alabama's rule accepts a copy of either, 'or an equivalent order issued by a court of competent jurisdiction', which reaches an appointment made in another state.
Primary source (opens in a new tab) Alabama Administrative Code rule 810-5-75-.09
Florida
Letters of administration
The document issued by a Florida probate court under Fla. Stat. §733.302 that gives the personal representative authority to act on behalf of an intestate estate (one without a will). Required for a Florida vehicle-title-transfer under formal administration when the decedent died intestate.
Primary source (opens in a new tab) Fla. Stat. §733.302
Georgia
Letters of Testamentary
The document a Georgia probate court issues to the executor named in a will. Having a will is not the same as having letters, and they are frequently never obtained. On the vehicle side it is the one inheritance document that lets a car be sold or transferred without first being titled in the inheritor's own name.
Primary source (opens in a new tab) Georgia Department of Revenue — vehicle inherited or purchased from an estate
Illinois
Letters of office
The document a circuit court issues to the person it appoints to handle an estate — called letters testamentary where there is a will and letters of administration where there is not. It is the proof of authority a bank or the Secretary of State asks for. Having a will is not the same as having letters, and they are frequently never obtained. On the vehicle routes, a certified copy is required and a photocopy is not accepted.
Primary source (opens in a new tab) 92 Ill. Adm. Code 1010.150(b)(1)
Maryland
Letters of administration or testamentary
The document that proves who may deal with a Maryland estate, issued by the Register of Wills. The Motor Vehicle Administration accepts only the original, and it must carry the raised seal — a photocopy is not the document. Where the person died before 1 January 1998 the Register may instead have issued a legal heir certification; after that date, only letters of administration are issued.
Primary source (opens in a new tab) Maryland MVA — handling a loved one's vehicle and ID after death
Missouri
Refusal of letters
An order of the Missouri probate division that no letters of administration will be issued, available where the estate is not greater than the exempt property and the family allowance. Because exempt property includes one vehicle without regard to its value, an estate consisting of a car and household goods can qualify. After the order the surviving spouse or unmarried minor children may collect and sue for the personal property of the estate in the same manner and with the same effect as if appointed executor.
Primary source (opens in a new tab) Mo. Rev. Stat. § 473.090
Nebraska
Letter of appointment
The document a Nebraska County Treasurer wants where an individual appointed by the court is assigning the title. It must be attached to the certificate of title when it is presented — and the same requirement applies to another state's certificate where the survivor is a Nebraska resident.
Primary source (opens in a new tab) Nebraska DMV — Transfer of Ownership
New York
Letters of administration
The document issued by the New York Surrogate's Court under SCPA §103(12) that gives the court-appointed administrator authority to act on behalf of the decedent's estate when there is no will, or when the will fails to nominate an executor. Required for a New York vehicle-title-transfer under formal administration when there is no will.
Primary source (opens in a new tab) SCPA §103(12), SCPA §1001
Utah
Letters Testamentary and Letters of Administration
The document a Utah judge signs to appoint a personal representative — Testamentary where there is a will, Administration where there is not. A certified copy is what banks, insurance companies and the Division are shown, and it is the authorized representative named in it who signs the title on behalf of the deceased individual.
Primary source (opens in a new tab) Utah State Courts — Informal Probate, Utah DMV — Deceased Vehicle Owners
West Virginia
Letters of appointment
The document a court issues to an executor or administrator, evidencing authority to act for the estate. West Virginia's Division of Motor Vehicles requires a certified copy where a will exists, and states that it will not accept a raw copy of the will itself.
Primary source (opens in a new tab) West Virginia DMV — titles