What are letters of administration, and how do I get them?

What the grant is, and administration with the will annexed

Until the grant, the estate vests in law in the Administrator General; the grant vests it in the administrator (Administration of Estates Act (Chapter 9:01), s 10(3), (4)). Probate goes to an executor named in a will; letters of administration are granted where there is no will. Letters of administration with the will annexed are granted where there is a will but no executor able and willing to act, for example because none was appointed, or the executor is abroad, unable or unwilling to act (Wills and Probate Act (Chapter 9:03), s 30(b)).

Who has the right to apply, in order

Where there is no will (s 30(a)):

1. the surviving husband or wife;
2. the next of kin, meaning those who inherit under the intestacy rules (s 2);
3. the Administrator General.

With the will annexed, the residuary beneficiary (who takes what is left after specific gifts) comes first, then any other beneficiary, the next of kin and the Administrator General (s 30(b)).

Anyone with a prior right must be cleared off, usually by renouncing or by being cited to take or refuse the grant (s 32). A person with a prior right who lives abroad need not be cited: the court can grant administration to a person here who would otherwise be entitled, reserving the absent person's right (s 33). The grant can go to a guardian for a minor, or to someone holding a registered power of attorney for a person living abroad (Non-Contentious Business Rules, in the First Schedule to the Act, rr 28, 29). An unmarried partner's share depends on a notification filed within 28 days of the death and a court order (Administration of Estates Act, s 25(3)).

Applying: the papers and the bond

The application is made through an attorney-at-law and filed at the registry in Port of Spain, or at the sub-registry for the district where the deceased had a fixed place of abode (rr 1, 2). It includes an affidavit showing the applicant's entitlement, the death certificate, a sworn inventory valuing the estate, a registry search, and the Registrar General's fee receipt (rr 3, 4; Wills and Probate Act, s 80). It is then advertised (r 40). What an attorney may charge for this work is regulated by the Attorneys-at-law (Remuneration) (Non-Contentious Business) Rules (Legal Notice 77/1997). The Civil Division Act 2026 will move this work to a new Estates Administration Office, but it is not yet in force as at 22 September 2026.

The administrator must give the Registrar a bond, normally with sureties, to administer the estate properly, though the court may dispense with sureties in a fit case (Wills and Probate Act, s 81(1)). Unless the court directs otherwise, there are two sureties and the bond equals the value of the estate; the court can raise it to up to double (r 34). A surviving husband or wife, an only child or the sole next of kin need not give security unless the court orders it (s 81(2)).

Small estates and the Administrator General

Where the estate is worth no more than TT$4,800 and a close relative applies (a husband, wife, descendant, parent, brother or sister, or a descendant of a brother or sister), the Registrar prepares the papers. No security, registration fee or separate inventory is needed. Unless the court directs otherwise, there is no advertisement, and a notice is displayed in the registry for 2 weeks instead (rr 2, 5).

The Administrator General can deal with an estate worth less than $960 without a grant (Administration of Estates Act, s 18). The Administrator General also has powers over intestate estates of $960 or less where no relative has applied, and over estates with no next of kin (ss 19, 20).

What the administrator must do

1. Collect the assets and pay the debts first (Wills and Probate Act, s 7; Administration of Estates Act, s 23).
2. Distribute to those entitled under the intestacy rules, or under the will if it is annexed. See who inherits without a will. Wait until the time for claims for reasonable financial provision has passed, because distributing earlier can leave you personally exposed (Succession Act (Chapter 9:02), ss 98, 114).
3. Transfer land by a deed of assent, conveyance or transfer. It is valid only when registered. No stamp duty is charged on it, and the registration fee cannot exceed $25 (Administration of Estates Act, ss 12(1), 13).
4. File an account with the Registrar within 12 months from the date of the grant (Wills and Probate Act, s 74(1)).