Succession certificates and letters of administration are frequently confused. They serve overlapping but distinct purposes, and applying for the wrong one wastes months.
The difference
A succession certificate primarily establishes entitlement to debts and securities of the deceased, allowing institutions to release them. Letters of administration authorise a person to administer the estate more broadly, including dealing with assets and discharging liabilities.
Which is appropriate depends on the nature of the assets and whether a will exists.
Where there is a will
Where the deceased left a will, probate of the will is the relevant process. Where there is no will, or the executor is unwilling or unable to act, letters of administration are the route.
What the court requires
- Death certificate of the deceased
- Complete particulars of all legal heirs
- Details of the assets and liabilities of the estate
- Public notice, so any competing claim can be raised
- Security, which the court may require from the administrator
Naming every heir
As with succession certificates, the most common cause of later challenge is an application that omits an heir. Identify everyone entitled at the outset, including heirs living abroad, and disclose them.
Duties of the administrator
An administrator holds the estate for those entitled and must account for it. Distributing without settling liabilities, or favouring some heirs over others, creates personal exposure.
What to do next
Establish first whether a will exists, then list the assets and the heirs completely before applying. Which process fits follows from those two answers.