Letters of Administration
Applications for letters of administration where the deceased died without a will or where the executor is unable to act.
Administering an Estate Without a Valid Will
Where there is no will, or no executor able and willing to act, the Supreme Court grants letters of administration to a person entitled under the intestacy rules or otherwise appropriate. The administrator then has the same authority as an executor to call in assets, pay liabilities and distribute the estate. We prepare administration applications carefully, including the supporting evidence on family relationships, entitlement and assets.
What Are Letters of Administration?
Letters of administration are the Supreme Court's grant of authority to administer an estate where there is no valid will, or where a will exists but no named executor is able or willing to act.
Who Can Apply?
Priority generally follows the intestacy rules, starting with a spouse or de facto partner and then children, but the Court can grant to whoever is appropriate in the circumstances, including with the consent of other eligible applicants.
Applying for letters of administration
Entitlement Under Intestacy
The Succession Act sets fixed shares. A spouse takes the whole estate where there are no children of another relationship; otherwise the spouse takes a statutory legacy plus a share, with the balance to the children. A de facto partner of at least two years, or of any duration where there is a child, has the same entitlements as a spouse.
Evidence and the Court Application
An application needs a death certificate, evidence of family relationships, searches confirming no later will exists, and renunciations or consents from others with an equal or higher priority to apply, before filing with the required notice period and an inventory of property.
Competing Applications and Family Disputes
Where more than one person has equal entitlement, or family members disagree about who should administer the estate, the application can become contested. We advise on resolving these disputes, whether by agreement or through the Court.
Collecting, Distributing and Administrator Duties
Once the grant issues, the administrator calls in assets, pays debts and distributes strictly under the intestacy rules, with the same duties and potential personal liability as an executor. The Court sometimes requires an administration bond as added security.
How Shah & Co Lawyers can assist
We prepare administration applications and resolve entitlement issues so the right person is appointed.
Intestacy Applications
Letters of administration on intestacy where no valid will exists.
With the Will Annexed
Letters of administration with the will annexed where the executor cannot or will not act.
Identifying Next of Kin
Identification of next of kin entitled to apply under the intestacy rules.
Renunciations and Consents
Renunciations and consents from competing applicants.
Notices to Creditors
Notices to creditors and management of estate liabilities.
Administration Bonds
Administration bonds where required by the Court.
Frequently asked questions
General information only. Every matter turns on its own facts.
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Learn moreSpeak with us about applying for letters of administration.
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