Who is allowed to act for the estate
The hardest part of a death claim is not the money. It is establishing who is entitled to ask for it. An operator has to be satisfied that the person in front of it is entitled to deal with the estate, and the document that proves it is a grant - probate where there is a will, letters of administration where there is not.
- claims
- 600
- on a grant
- 372
- small estate
- 54
- refused
- 26
The operator may normally act for the person named in a grant of probate, if there is a will, or for the administrator named in letters of administration, if there is not. Some operators apply a small-estate exemption and pay an executor or a next of kin below a stated threshold without a grant. A claim made by a relative with neither document is refused: 26 of the 600 sampled claims were refused for exactly that reason.
Two documents, two situations
A grant of probate is issued where the deceased left a valid will, and it confirms the executor named in that will. Letters of administration are issued where there is no valid will, and the court appoints an administrator - usually the closest relative under the intestacy rules, which do not always follow the person everyone assumed. Of the 600 sampled claims, 372 were made on probate and 148 on letters of administration, so a quarter of all claims were intestate: no will, and the person who could act was decided by law rather than by the family.
The distinction matters to the reader because the two are not interchangeable. An executor named in a will has the powers the will gives, including any power over the balance, and can usually act from the moment of death even before probate is granted. An administrator has no power until the letters are issued. The samples show the effect in time rather than in outcome: claims on probate were produced in a median of 61 days from the death, claims on letters of administration in a median of 128.
What the samples show
| Basis of the claim | Claims | Share | What the operator needed to see |
|---|---|---|---|
| Grant of probate (executor) | 372 | 62.0% | The grant and the executor's identity |
| Letters of administration | 148 | 24.7% | The letters and the administrator's identity |
| Small-estate exemption | 54 | 9.0% | A declaration plus the operator's own threshold test |
| Refused, no authority shown | 26 | 4.3% | Nothing that satisfied the operator |
| Claims that needed a court document of some kind | 520 | 86.7% | The exemptions are a minority of the total |
- Was there a valid will, and who does it name as executor.
- If there was no will, who the intestacy rules appoint, which may not be who you expect.
- Whether the operator applies a small-estate exemption and what its threshold is.
- Whether the operator will accept a copy of the grant or insists on seeing the original.
- Whether the will or the letters give the person acting the power to deal with the balance specifically.