How do you apply for a letter of administration?

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:

1. Surviving spouse (including a de facto partner)
2. Children
3. Grandchildren or great grandchildren
4. Parents
5. Brothers and sisters
6. Children of brothers and sisters
7. Grandparents
8. Uncles and aunts
9. First cousins
10. 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:

1. Advertising your intention to apply.
2. Give a copy of your notice to the Public Trustee.
3. Give others time to object to your intention to apply.
4. Prepare your documents.
5. File with the Supreme Court.