Understanding a grant of letters of administration in Australia
When someone passes away without a valid Will, their estate still needs to be managed and distributed according to the law. In these cases, a grant of letters of administration is required. This is a legal document gives an appointed administrator the authority to handle the deceased’s estate, similar to the role of an executor under a valid Will.
What is a grant of letters of administration?
It is an official document issued by the Supreme Court in the relevant Australian state or territory. It authorises a suitable person, usually a close family member or next of kin, to manage the estate of someone who died without a will (also known as intestate.
This ensures that the deceased’s assets are distributed in accordance with intestacy laws.
Who can apply for a grant of letters of administration?
The person applying is typically a spouse, child, or close relative of the deceased. If no immediate family members are available, the court may appoint a trustee or government agency to administer the estate.
Seeking advice from an estate lawyer is recommended, especially if you are unsure whether you or another person have standing to apply.
How to apply for grant of letters of administration in Australia
The process can vary slightly between Australian states and territories, but the key steps generally involve
1. Determine the applicant’s eligibility
The applicant must establish their eligibility to act as the administrator, usually by proving their relationship to the deceased.
2. Obtain the original death certificate
A certified copy of the deceased’s original death certificate is required to support the application.
3. Identify and value the estate
The administrator must list and assess all assets and liabilities of the estate, including property, bank accounts, superannuation and debts. This helps ensure the state is distributed correctly.
4. Publish a notice of intention (if required)
Some Australian jurisdictions require the applicant to publish a probate notice or an advertisement of intention to apply for administration. This gives creditors and other interested parties an opportunity to make claims against the estate.
5. Prepare and lodge the application
The applicant must submit forms and affidavits to the relevant Supreme Court, including:
- a formal application form.
- the original death certificate.
- an affidavit of the applicant explaining their relationship to the deceased and suitability to administer the estate.
- a statement of assets and liabilities.
6. Court review and approval
The Supreme Court reviews the documents and may request further details. If approved, the court issues the grant of letters of administration, giving the administrator legal authority to manage the estate.
How long does it take?
Timeframes can vary but generally the process takes between four to 12 weeks, depending on the complexity of the estate, whether any disputes arise and the capacity of the court at the time of applying.
Do you need an estate lawyer?
While individuals can apply for letters of administration independently, the process can be legally complex, particularly if disputes arise.
An estate lawyer can provide guidance, help prepare the necessary documents and reduce the risk of errors or unnecessary delays.
What do letters of administration cost?
Court filing fees vary by state and are usually based on the value of the estate.
Additional legal fees may apply if engaging an estate lawyer to assist with the application and estate management.
A grant of letters of administration is essential for managing an estate of someone who died without a will. With the right support, you can navigate the process with confidence and ensure the estate is managing according to the law.
For personalised advice, contact one of our estate specialists located in your state (or any one of them for Queensland and South Australia) who can assist you in navigating the process and any complexities that may arise. Our team are here to help.
Get in touch
Request a call back by leaving your details below. One of our experienced team members will reach out as soon as we can.