What is a Letter of Administration?

February 24, 2023

When someone passes away with or without a Will in Maryland, the Orphans’ Court must approve the transfer of any cash or assets titled in their name alone to their heirs. Although the Court will approve the transfers (known as inheritance), someone must be appointed to make an accounting and conduct the transfers. This person is known as the Personal Representative and is typically named in the Last Will of the Decedent (person who passed away). When the Personal Representative is appointed by the Court, they are given a “Letter of Administration” authenticating their appointment.

The Letter of Administration grants the administrator the authority to collect and manage the deceased person's assets, pay outstanding debts, and distribute the remaining assets to the beneficiaries of the estate. This process is known as "administration of the estate."

In the event of the loss of a loved one, it can be difficult to know what to do next. Understanding the role of a Letter of Administration can help make the process of administering the estate a little easier.

Here are the key points to remember:

· A Letter of Administration is necessary whether a person dies with or without a valid Will.

  • The court will appoint an administrator (personal representative) to handle the deceased person's estate.
  • The administrator has the authority to collect and manage the deceased person's assets, pay outstanding debts, and distribute the remaining assets to the beneficiaries.
  • The administration of the estate is a legal process and can be complex, so it's important to work with a qualified attorney to ensure everything is handled properly.
  • The estate will need to be properly accounted for and this accounting will need to be approved by the court before making any distributions.

There are some caveats to these rules, so for more information either seek counsel or please see the Maryland Estates & Trusts Code for the regulations and governing rules.

https://casetext.com/statute/code-of-maryland/article-estates-and-trusts

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