What are Letters of Administration?

Understanding Letters of Administration & When You Need Them

If a person dies with a will, the person who administers the estate is the Executor. However, when someone dies intestate – without a will – a family member or creditor can apply to the Supreme Court to be appointed an ‘Administrator’ to undertake the role. As there is no will to confer the authority, Letters of Administration gives the Administrator the right to deal with the intestate’s assets and to distribute them to any beneficiaries in accordance with the Succession Act.

There is a second type of Letters of Administration: where there is a will but the executor named has already died or declines to take up the role and another person is granted authority by the court to act in their place.

If you need further information in regards to estate administration, executors guides, probate or letters of administration , call us now on 1300 580 413


When might Letters of Administration be needed?

Letters of Administration must be applied for whenever someone dies intestate - without a will - leaving estate assets other than only minor assets or only jointly owned property.

A grant of letters of administration is also needed if there is a will but the executor has already died or declines to take on the role.

When a person dies without a valid will; or if the named executor has already died or declines to take on the role, it is usually a spouse or adult child that makes the application to be authorised to administer the estate.

A court will grant letters of administration after considering the necessary documents if it is satisfied that the person seeking the grant should be the authorised to administer the estate.

If you need further information in regards to estate administration, executor's duties, probate or letters of administration , call us now on 1300 580 413


Why choose us to help with Letters of Administration

The death of a loved one is a difficult time. It is already hard enough without the added stresses of legal process.  Our estate lawyers are familiar with the intricacies of Letters of Administration and the process of administering an estate. We will deal with the entire process in a sensitive and professional manner.


Summary

The administration of the estate and all the steps that required to be taken can be complex. Executors and administrators are accountable for their actions.

Handling an estate begins with making a competent application to the court for the appropriate grant authority to administer the estate. The steps to be completed along the way are numerous.

Use our free online Assessment Tool to assist the estate administration from start to finish.

Our Qld Estate Lawyers are able to assist you along the way. Don't hesitate to email or call for an initial no obligation discussion.


Start the Process

Send us an email and we’ll get in touch shortly, or phone between 8:30AM and 5:00PM Monday to Friday — we would be delighted to speak.

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