Do I Need Letters of Administration?

datostar

My son has recently died suddenly and had no will. He was single, so under the intestacy rules, his estate will be equally shared between his parents. He owned no land, property or shares and rented a Council flat.

His cash assets are held in two banks, both of which are prepared to release them to the value of £25000 on production of the death certificate and the usual signed indemnity. Other assets are confined to personal chattels and the value of the contents of the flat, which will not be high.

Will I need to apply for Letters of Administration? I doubt that his total assets will be much more than around £12,000.

g6jns_2

datostar wrote: »

My son has recently died suddenly and had no will. He was single, so under the intestacy rules, his estate will be equally shared between his parents. He owned no land, property or shares and rented a Council flat.

His cash assets are held in two banks, both of which are prepared to release them to the value of £25000 on production of the death certificate and the usual signed indemnity. Other assets are confined to personal chattels and the value of the contents of the flat, which will not be high.

Will I need to apply for Letters of Administration? I doubt that his total assets will be much more than around £12,000.

Was he receiving any means tested benefits? If not the banks may release the money but don't rely on it. Are you sure he had no debts you are unaware of?

Tuesday_Tenor

So sorry to hear of your loss; sounds a great shock.

I can't see any need for LoA from what you've said: no property or shares, and banks will release cash funds on the basis stipulated.

There used to be a need for probate/LoA for any estate valued over £5000 but that seems to no longer be the case; the official gov.uk website no longer refers to it.

g6jns wrote: »

... the banks may release the money but don't rely on it.

??? The banks have already stated the basis on which funds can be released, so OP can rely on that.

getmore4less

Unless you are familiar with his finances(paperwork in good order) and list of institutions he had dealings with.

These days a lot go paperless and it is a pain if they don't have records tracking everything down.

I would take a bit of time to let any potential debts make themselves known.

DWP/Benifits can be particualry slow.

You can notify, make enquiries, wait for mail(cc bills), probably best to check with the council on the rent(some get stroppy jobsworths) and consider clearing the place of stuff for save keeping so they can have it back.

Utilities get final statements
If working check for any work related pay due(outstanding holidays), pension or insurances.

Once you have the picture if the insitutions will release funds on an indemnity and if fairly sure no big debt will turn up you could consider admin without LOA.

BobQ

Very sorry for your loss.

The answer to your question is that you do not need to apply for a Grant of Administration (Letters of Administration) unless any organisation who you need to deal with insists that they will not release funds to the estate without one. As noted most organisations have their own rules for what they will allow without one.

Do not forget that you still have to return the IHT205 form even if you do not ask for LoA. (I assume his estate will be under the IHT limit).

datostar

Thanks to all for the advice and comments, which are a little conflicting in places!
His affairs were very straightforward and assets limited. If the 2 banks do not require probate or grant of administration (and they don't in this case) then there seems to be no requirement at all to apply for it. HMRC Guidance for Form IHT205 makes it clear that the form is only to be submitted as part of a Probate/Representation Application and not sent direct to them in any circumstances. Ergo, no probate application, no IHT205.
I have already closed all his regular payment accounts such as mobile phone, cable tv, broadband etc. with no problems and the local Council are being very helpful, allowing us 5 weeks to clear the flat before handing back the keys (no stroppy jobsworths encountered!).
I'm going ahead without Probate/IHT205. Everything's documented and if anybody insists on it before releasing assets (doubtful) then I'll simply have to apply.

getmore4less

datostar wrote: »

the local Council are being very helpful, allowing us 5 weeks to clear the flat before handing back the keys (no stroppy jobsworths encountered!).

Some are ok

Have they told you how much the rent will be for that period.

datostar

Rent will be standard amount,charged pro-rata until keys returned if before the 5 weeks are up. No way round that - it's in the tenancy agreement, chargeable to the estate.