When someone dies without leaving a valid Will — or where the named executor cannot act — the estate does not simply distribute itself. A court-appointed administrator is needed to manage and distribute the estate. Letters of Administration is the grant from the Supreme Court of Victoria that gives the administrator that authority.
Letters of Administration is a Grant issued by the Supreme Court of Victoria appointing a person — the administrator — to administer a deceased estate when there is no valid Will (intestacy), or when there is a Will but the named executor cannot or will not act (in which case it is called Letters of Administration with the Will Annexed).
Dying without a valid Will is called dying intestate. The Administration and Probate Act 1958 (Vic) sets out who can apply for administration — generally the next of kin — and how the estate is to be distributed. The distribution follows a fixed statutory order: spouse or domestic partner first, then children, then parents, and so on. This formula applies regardless of what the deceased may have wanted informally.
The process for obtaining Letters of Administration is similar to probate — advertisement for creditors, filing with the Probate Office, supporting affidavits — but the application is made without a Will, and additional evidence of the relationship to the deceased is required.
We confirm whether the deceased died without a valid Will, or whether the executor named in the Will has died, renounced or cannot act. This determines the type of grant required.
The person with the highest priority under the Administration and Probate Act 1958 (Vic) applies. We advise on who has priority and what supporting evidence of the relationship is needed.
A creditor notice is published, then the full application — affidavits, death certificate, family tree, asset inventory — is prepared and filed with the Supreme Court Probate Office.
The administrator uses the Grant to collect assets, pay debts and distribute the estate according to the intestacy rules — or the terms of the Will, if it exists.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We explain clearly how the intestacy rules apply to your family — who is entitled to what and in what order — so there are no surprises when the estate is distributed.
We prepare the full Letters of Administration application, including the family tree evidence and all supporting affidavits, and manage the filing process with the Probate Office.
Intestate estates involving blended families, de facto relationships, estranged relatives, or family members overseas can be complicated. We navigate these sensitively and efficiently.
Once the Grant is issued, administrators have the same duties and potential liabilities as executors. We guide you through the administration process to protect you from personal liability.
The Administration and Probate Act 1958 (Vic) gives priority to the spouse or domestic partner of the deceased, followed by children, then parents, siblings and other next of kin. The court has discretion to appoint a person of lower priority in some circumstances. This is general information only.
The estate passes according to the intestacy rules — not according to what the deceased may have wished informally. The distribution depends on which relatives survive the deceased. For example, a spouse and children share the estate in a formula set by statute. This is general information only.
Yes, in Victoria a domestic partner (including a de facto partner) of the required duration is treated similarly to a spouse for intestacy purposes. However, the definition and entitlement can be complex where there are competing claimants. This is general information only.
If the deceased has no relatives who qualify under the intestacy rules, the estate passes to the Crown (the State of Victoria) as bona vacantia. This is an unusual outcome but can occur where all potential beneficiaries predecease the deceased or cannot be located. This is general information only.
Probate is granted where there is a valid Will and a living, willing executor. Letters of Administration is granted where there is no valid Will (intestacy) or where the executor cannot act. Both authorise the grantee to administer the estate. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
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