What are Letters of Administration?

If you are the spouse, de facto spouse or other direct family member of the deceased, and the deceased died without a will, or the will is declared invalid, then you can apply to the Supreme Court to become the administrator of their estate. The deceased is said to have died intestate. Following your application, the Supreme Court will issue a Grant of Letters of Administration in the name of the applicant. The Grant will then authorize and enable you to collect the assets of the deceased and to distribute them according to the State intestacy laws. 

Each State or Territory has their own laws that govern who is entitled to benefit in the estate of the deceased on intestacy. The persons that are entitled to benefit in the estate are also those persons entitled to apply to the Supreme Court for letters of administration.

When a person dies leaving real property (land or anything attached to it) or personal property of any kind, that property must be distributed. The deceased can direct, during his or her lifetime, how the estate is to be distributed after death by drawing up a will. Intestacy occurs when either the whole or part of the deceased’s estate is not disposed of by a will. Total intestacy occurs when the deceased failed to make a will at all, failed to make a valid will or made a valid will but all the beneficiaries have since died. Partial intestacy occurs when the deceased made a valid will but the terms of the will do not dispose of the whole of the estate.  

Do I need to obtain letters of administration?

Not necessarily. The main reason that a grant of letters of administration is required is that some organisations which hold assets of the estate will not release them to the administrator for distribution without sight of a grant of letters of administration from the Supreme Court. You will need to make a list of everything the deceased owned or was entitled to and then make contact with the financial institutions concerned to establish whether they require a grant. This will be more relevant for smaller estates. For larger estates comprising real estate, a grant of representation will almost certainly be required.

Call AussieLegal on 1300 728 200 to discuss your situation to see if you need to apply.

Select your state or territory below to learn more about the rules that apply to your situation.