Probate and Deceased Estate

Letters of Administration

In some occasions, a person may pass away without having created a Will.

Mendis & Gibson Lawyers

Letters of Administration Lawyers Essendon and Melbourne CBD

In some occasions, a person may pass away without having created a Will. Alternatively, if a person did create a Will, a times this Will may be deemed as invalid and therefore cannot be carried out. When these situations arise, the person is said to have passed away ‘intestate’.

If there is no Will, or no valid Will, then an Executor has not been appointed to distribute the deceased person’s estate. Nevertheless, a person’s estate needs to be sorted no matter the situation, and if there is no valid executor, then the Court needs to approve the most appropriate person. This Court order is called a ‘Grant of Letters of Administration’.

The approved administrator will then be able to divide up the deceased person’s estate.

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What happens if a person dies without a Will?

As a general rule, the person who is likely to inherit the largest part of the deceased person’s estate will apply to be the administrator. This person is usually the closest relative of the deceased person or the next of kin.
The Court will normally grant a Letter of Administration to:

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What is the process for the Letters of Administration?

The process for a Grant of Letters of Administration is very similar to the process for a Grant of Probate. The application is to be filed within six months of the date of death.
Certain documents are required to put in an application for the Grant of Letters of Administration. These documents include:
Certain forms will also need to be filled out including:

Written consent must also be obtained from anyone who is entitled to a portion of the deceased person’s estate.

Once all information has been gathered and all forms have been filled, the application may be filed to the Court.

A legal practitioner can help you with the application with the Court, especially as this is often a very emotional time. Your legal practitioner will understand the relevant rules and processes involved, which will lessen the stress on you at such a difficult time.