Letters of Administration
Dealing with an invalid Will or no Will can be difficult, and this is where the team at W Legal Group can step in to streamline the processes for you. Obtaining letters of administration is a critical step before you can administer an estate. Let our team of lawyers simplify these processes for you, making it fuss-free for a fixed fee.
It’s as simple as 3 Easy Steps
Step 1: Chat with the W Legal Group Team
Our team will help you navigate through your individualised situation and explain the process of obtaining letters of administration and the costs involved.
Step 2: We will prepare and lodge your Letters of Administration application
W Legal Group will deal with the paperwork to ensure it is done properly.
Step 3: Letters of Administration granted
You can now deal with the bank, property, super fund, and other assets.
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What are Letters of Administration?
Letters of Administration provide a person with the legal right to administer the estate of the deceased person.
Depending on your circumstances you may apply for (i) letters of administration; or (ii) letters of administration with the Will annexed.
When is Letters of Administration necessary?
Letters of Administration may be obtained if:
- the deceased died intestate (i.e. without a Will) or
- the deceased had a Will but it is an invalid Will; or
- the named executors are unable to act, and you seek to apply to administer the estate of the deceased.
Letters of Administration is necessary before the executor can legally administer the estate of a deceased person.
Who can apply for Letters of Administration?
Any person who is the deceased person’s next of kin can apply for Administration, in the following priority:
- Lawful spouse/domestic partner
- Children, excluding stepchildren, but including children adopted by the deceased person;
- Brothers or Sisters
- Remoter Next of Kin.
This may be done (i) personally i.e., the executor submits the application themselves or (ii) by a lawyer i.e., you appoint a lawyer to assist you with submitting the Letters of Administration Application.
Do you need a copy of the original Will to apply for Letters of Administration?
Where there is an invalid Will, the original copy of the invalid Will should be included in the Letter of Administration Application.
This will assist the Court in determining what the deceased person’s wishes were. The Court is not bound to follow those wishes but may consider them when making the Order for Administration.
How much does Probate cost?
A Letters of Administration Application Fee varies depending on the total value of the deceased estate.
When should you apply for Letters of Administration?
As soon as possible.
It can be hard losing a loved one, but harder when their estate remains undealt with.
How long does it take to get Letters of Administration?
The first step in applying for a Letter of Administration is to lodge a notice of intention with the Court. The notice is published for at least 14 days before you may file your application for Letters of Administration.
After lodgement of the application, it can take up to 2-3 months to obtain Letters depending on the Courts current service level, whether there is a current backlog with the Court and whether any requisitions are received from the Court for the application.