Procedure For Obtaining Letter of Administration In India

Step 2: Identify the Correct Jurisdiction

• The petition must be filed in the District Court where the deceased had been residing at the time of death.
• If the deceased had assets in more than a single location, there could be other proceedings in such jurisdictions.
• Where to find: Visit the National e-Courts Portal and find the necessary District Court.

Step 3: Determine the Eligible Applicant

• Legal hierarchy: The legal heir, children, or spouse has priority, and if not, then creditors or more remote relatives can be considered.
• Legal capacity: The person must have good and stable finances.
• Avoiding conflicts: Where there is more than a single claimant, conflicts are resolved for fair administration

Step 4: Gather Required Documents

• Death Certificate (original and certified copies)
• Affidavit of heirship (listing of legal heir and their relationship)
• Detailed Asset List (real estate, savings, investments, debts)
• Proof of relationship (Aadhaar, PAN, Voter's Photo Identity Card, passport, etc.)
• Draft Petition (completed with legal representation, including setting forth claim and estate data)
• Consent or No Objection certificates (NOC) of legal heirs (as applicable)
• State-Specific Requirements: Visit your state's judiciary web page for more documents.

Step 5: Draft and File the Petition

• The petition shall contain:
  • Deceased’s name, date of demise, and last residence
  • Details of legal heir and relationship proofs
  • Estimated value of the estate
  • Clear request for admin rights
• Filing Process:
  • Submit the documents with the petition in the District Court.
  • Some states also offer online filings on their e-court portals.
  • Pay applicable court fees (state and value of estate dependent).

Step 6: Publication of Public Notice

• The court posts a public notice in a record newspaper of the locality.
• A waiting period of 30-60 days can be granted for objections.
• If no opposition, then the court proceeds with the appointment.

Step 7: Valuation of Estate

• The court may summon an evaluator to assess the market value of assets.
• This valuation also sets the court charge, usually 2–3% of the value of the estate.

Step 8: Court Hearing & Objection Handling

The applicant must report for a hearing in the court:

• Verifies documents and ensures conformity.
• Addresses any opposition from creditors and heirs.
• May ask for more documents and witnesses.
• If objections are raised, there can be hearings to resolve controversies

Step 9: Final Considerations

The applicant must report for a hearing in the court:

• The process typically takes 4–6 months if uncontested, but more may be necessary if there are conflicts.
• Professional legal representation ensures smooth functioning and conformity.
• For state-wise variations, check the respective High Court websites or consult with a legal professional.