Letters of Administration are granted when someone dies without leaving a valid Will.
This is also referred to as “dying intestate”.
The law provides for the winding up of a deceased person’s Estate, in these circumstances. There is legislation that determines the distribution of residuary estate- that is what’s left after debts are repaid and funeral expenses are covered. The Administration and Probate Act 1958 sets out how the remaining possessions can be distributed according to State law.
How to Get Letters of Administration
A request for Letters of Administration needs to be made through the Probate Office of the Supreme Court. Some families opt to request that the State Trustee administers the estate. This can reduce internal disagreements between family members, beneficiaries and associates but can cost a lot of money.
If you would like to get a valid Will made, or review your current Will- perhaps change asset distribution or appoint a different executor- speak with us.
Our probate and estate lawyers specialise in Wills, Estates, Probate and Letters of Administration. If you have been appointed Executor of a Will and seek to get Probate or even enlist professional help in administering an Estate, contact our Melbourne lawyers today.
