Letters of Administration

When a person dies without leaving a valid Will they are said to have died “intestate”.

If a person dies intestate then their assets will be divided according to a fixed legal formula which varies between each of the States and Territories.

Without a valid Will naming an executor, someone, typically a major beneficiary, must apply to the Supreme Court for Letters of Administration. If the application is approved, the applicant will be appointed as the ‘Administrator’ of the estate, and will be authorised to administer the estate and distribute the deceased’s assets according to the relevant intestacy formula.

If there is no family member willing or able to act as the Administrator of the estate, then the court may appoint a public trustee, who will charge a professional fee for acting in the role.

Intestacy are always complex. To ensure an estate is administered correctly, legal advice is vital.

If you would like more information about intestate estates and applying for Letters of Administration, please contact Tetlow Legal on (02) 6140 3263 or mail@tetlowlegal.com.au.