Hassle free Letters of Administration

What happens when a loved one passes away?

When a person passes away, they generally leave behind a range of assets such as property or bank accounts, and sometimes debts or outstanding accounts. These form part of the person’s “estate” and must be managed and administered by the appointed Executor.

This can involve:

• Paying off any debts
• Collating assets
• Distributing the assets and final messages as per the laws of intestacy

This process begins with applying for a Grant of Letters of Administration - which occurs when there is no legal Will and is completed by the next of kin.

What happens if someone passes away without a Will?

When a person passes away without a legal Will, this is known as dying intestate. To finalise and distribute the deceased’s estate, someone must be appointed by the Court to administer the estate.

What are Letters of Administration?

Letters of Administration are issued by the Supreme Court of the relevant state or territory to a person who is legally appointed to administer the estate of a deceased individual who has passed away without a legal Will.

Who can apply for Letters of Administration?

Each state and territory has different rules and legislations around who can apply for Letters of Administration, but generally it will be someone who is entitled to benefit from the estate such as a Next of Kin.

What is a Next of Kin?

A next of kin is generally considered to be the next closest blood relative to an individual, or someone they share a close relationship with such as a wife, husband or defacto partner.

Probate or Letters of Administration?

Letters of Administration

• No legal Will
• The closest Next of Kin applies for a Grant of Letters of Administration
• The Next-of-kin finalises the estate and distributes the assets according to the laws of intestacy for the state or territory

Probate

• A valid legal Will exists
• The Executor named in the Will applies for a Grant of Probate
• The Executor finalises the estate and distributes assets to beneficiaries named in the Will