When someone dies without a Will, all may not be lost. There is a process known as applying for Letters of Administration on a Deceased Estate. If successful, the Grant gives the administrator the legal authority to unlock the assets of the deceased, then manage and distribute them according to the laws of intestacy. Do you need help in applying for Letters of Administration on a Deceased Estate? Our probate lawyers can help you through this maze so that you can get on with finalizing the deceased’s affairs even though no valid Will exists.
Below is an overview of the steps involved in unlocking the assets of a deceased person, in the absence of a valid Will.
It should be mentioned that given the complexities involved, having one of our probate and estate law specialists assist you will make the process easier. There are special intestacy rules which guide the distribution of the estate when there is no will. Additionally, thorough records will need to be maintained of all transactions and communication, when handling Letters of Administration on a Deceased Estate.
Who is Eligible to Apply for Letters of Administration on Deceased Estate?
It’s important to determine who is eligible to apply for Letters of Administration. Typically, the spouse or domestic partner of the deceased is the first in line, followed by children, parents, and other close relatives. If no relatives are willing or able to apply, a creditor of the deceased or another interested party may apply. Once we’ve determined who the applicant will be, the next step involves collecting all the necessary documents to support the application.
Our Lawyers Who Handle Applications for Letters of Administration on a Deceased Estate Need Supporting Documents
The following documents support your application:
- The original copy of the deceased person’s death certificate;
- A sworn affidavit by the person applying for letter of administration, this will detail their relationship to the deceased as well as their suitability to administer the Estate;
- An Affidavit of Searches- this is to prove that a search has been conducted and that no existing Will or previous application for Administration of the Estate have been found;
- In some cases, a surety known as an Administration Bond may be required by the Court, to protect the Estate against mismanagement.
Preparing and Filing the Application With the Probate Court
The application for Letters of Administration needs several forms from the Supreme Court of Victoria to be completed. When the time comes, our Probate estate legal team will contact you and have you come in to the office to provide details and signatures where required.
These include:
- Application for Letters of Administration: The primary form requesting the court to grant administration.
- Affidavit of Justification: If an administration bond is required, this form provides the necessary justification.
- Inventory of Assets and Liabilities: A detailed list of the deceased’s assets and liabilities.
These forms are ready for submission as part of the application.
However before that can happen, the application needs to be advertised. The purpose of advertising the application is to provide any interested parties with the opportunity to raise objections.
File the Application and Await the Court’s Decision
Once the advertising period has passed- and this is a minimum of fifteen days- the application is filed with the Supreme Court.
After filing, the Probate Office will review the application. If everything is in order and there are no objections, the court will issue the Letters of Administration. This process can take several weeks, depending on the complexity of the estate and the court’s workload.
Our lawyers will monitor the application and notify you as soon as there is an outcome.
Administer the Estate
Once the Letters of Administration are granted, the administrator can legally manage the deceased’s estate. Responsibilities include:
- Collecting and selling assets.
- Paying debts and liabilities.
- Distributing the remaining assets to beneficiaries as per the laws of intestacy.
We recommend engaging legal help with administering a deceased estate after a Grant of Letters of Administration. Our lawyers are familiar with intestacy rules- and are specialists in Probate and Estate Law.
