A family member may apply to the Supreme Court for “Letters of Administration”. If granted, that person becomes the administrator of the estate.
There is a predetermined order of relatives who may apply to the court to be granted authority to administer an estate:
- Surviving spouse (including a de facto partner)
- Grandchildren or great grandchildren
- Brothers and sisters
- Children of brothers and sisters
- Uncles and aunts
- First cousins
- Anyone else the court may appoint
To apply, you will generally need to engage a professional to help gather documentation and lodge the application.
The Queensland Courts website outlines the steps involved, and they are similar to applying for a grant of probate, except the applicant needs not provide a copy of the will.
These steps are:
- Advertising your intention to apply.
- Give a copy of your notice to the Public Trustee.
- Give others time to object to your intention to apply.
- Prepare your documents.
- File with the Supreme Court.