Letters of Administration

When a person dies without leaving a will this is referred to as Intestacy and their estate is referred to as an intestate estate. Letters of Administration are grants of probate issued by a Probate Court made when intestacy occurs. The letter of administration allows the deceased's next of kin to manage the intestate estate. This is necessary as an Executor has not been named due to the lack of a will.

According to the Succession Act 1981, the estate goes to the next of kin, which does also applies to de facto relationships that have lasted for more than 5 years. The letter of administration allows the next of kin access to the deceased's superannuation, property, bank accounts and other assets.

State legislation determines who can or cannot apply to be an administrator of a intestate estate. The assets of the estate will become the property of the administrator, thus enabling them to distribute the estate's assets.

If you are considering applying for a letter of administration then it is vital you seek professional legal advice.

If you like more information or advice regarding Letters of Administration or if you have another Wills & Estate Planning matter, please complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.