Estate administration and probate lawyers

The court refers to situations where there is not a valid Will as 'passing away intestate'. In these situations, you will need to apply for Letters of Administration.

What are Letters of Administration?

Letters of Administration give legal authority to a person, or people (called "the Administrator") to administer an estate when an executor has not been appointed due to the absence of a Will, or where the nominated executor has died and there was no substituted executor appointed. The Administrator is usually the person who is entitled to the estate, such as a spouse or dependant, or the next of kin of the deceased. 

Our estate administration and probate lawyers can help you understand if you need Letters of Administration, as well as:

• Completing your application 
• Advising on the requirements for Letters of Administration
• Distributing the estate
• Your duties as an executor

What do I need to apply for Letters of Administration?

1. Summary of estate: assets and liabilities. This will include a summary of any properties owned, outstanding debts, cash and shares, and the value of any other assets such as jewellery or family heirlooms.
   
2. The original Will. You'll need to locate the original hard copy signed Will - this may be held by a trusted person such as an accountant or lawyer, or it might be stored with the deceased’s personal papers. You cannot apply for probate without a Will.
   
3. A certified copy of the death certificate. You will need the full death certificate of the deceased person. You can obtain this from the Births, Deaths and Marriages Registry in your state.

You may also be asked to provide originals and photocopies of relevant documents such as birth or marriage certificates, and other documents confirming your relationship with the deceased.

This can be a complex process at a stressful time. Our expert estate administration lawyers  can help speed up the process and take the administrative burden from you.

How long will the process take? 

It is generally expected that an Administrator will start the application process within a reasonable time from the date of death. A Grant of Letters of Administration can be obtained in around six weeks from the time we have received the financial information and documents required for the application. The administration of the estate should generally be completed within 12 months.

What happens if I don’t apply for Letters of Administration?

If there is no Will and you have not applied for Letters of Administration, the financial institutions holding the assets of the deceased may refuse to release those assets, depending on their policies.

Use our fixed fee online service to apply for Letters of Administration now. 

A Grant of Probate is not always required  when administering lower value estates where there is a valid Will. 

For smaller estates where there is no Will, usually a Grant of Letters of Administration is still required. If this is the case, you can speak to the relevant financial institutions such as banks and superannuation funds to find out whether assets can be released without Letters of Administration.

However, where the estate holds real estate, you will generally always require a grant of representation, whether it be a Grant of Probate or a Grant of Letters of Administration.

If you're unsure whether you need to apply for a Grant of Probate or Letters of Administration, contact us today. Our expert estate administration lawyers can help you navigate the process and take on the administrative burden for you.