# Letters of Administration: Definition and How It Works in California

> Letters of administration are the court order appointing an administrator to run an estate when there is no valid will.

Source: https://ridleylawoffices.com/estate-planning-glossary-california/letters-of-administration/

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

**Letters of administration** are the court order appointing an administrator to run an estate when there is no valid will or no executor able to serve. California sets the order of who has priority for appointment in Prob. Code, § 8461.

## How it works in California

California courts issue [letters of administration](https://ridleylawoffices.com/letters-of-administration-california/) when someone dies without a valid will, or the will doesn’t name an executor who can serve. Until the court issues letters, nobody has authority to act for the estate. Prob. Code, § 8400 says a person has no power to administer an estate until appointed personal representative and the appointment becomes effective.

Prob. Code, § 8461 sets the order of who gets first crack at the job: the surviving spouse or domestic partner, then children, then grandchildren, then other relatives, working down a statutory list. A creditor can serve only after everyone with higher priority has declined or been passed over.

## Why it matters

Without letters of administration, nobody can open the decedent’s accounts, sell estate property, or sign anything on the estate’s behalf. Say a parent dies without a will and owned a house and a checking account in their own name. A child can’t sell the house or close the account until the probate court issues letters naming that child, or another qualified relative, as administrator.

## Common mistakes

Assuming the oldest child, or the child who handled the parent’s affairs, automatically gets appointed. Priority follows the statute, not who did the most caretaking. Waiting to petition for letters because there’s no dispute over who should serve, which only delays the point at which anyone has legal authority to act.

## Related terms

- [Intestate succession](https://ridleylawoffices.com/estate-planning-glossary-california/intestate-succession/): the rules that decide who inherits when there’s no valid will, which is often when letters of administration are needed.
- [Letters testamentary](https://ridleylawoffices.com/estate-planning-glossary-california/letters-testamentary/): the equivalent court order for an executor named in a valid will.
- [Personal representative](https://ridleylawoffices.com/estate-planning-glossary-california/personal-representative/): the general term covering both an administrator and an executor.
- [Probate](https://ridleylawoffices.com/estate-planning-glossary-california/probate/): the court process that letters of administration open the door to.
- [Administrator](https://ridleylawoffices.com/estate-planning-glossary-california/administrator/): the person a probate court appoints to run an estate when no executor serves.

Part of the [California estate planning glossary](https://ridleylawoffices.com/estate-planning-glossary-california/). For the full treatment, see [Letters of Administration in California: Who Gets Appointed When There Is No Will](https://ridleylawoffices.com/letters-of-administration-california/).