Introduction

When a person passes away without leaving a valid Will, their estate cannot be administered in the same way as if there was a Will appointing an executor. In such cases, the Supreme Court of Victoria may grant what is known as Letters of Administration. This legal process allows an eligible person to manage and distribute the deceased’s estate according to the laws of intestacy.

What Are Letters of Administration?

Letters of Administration are a formal document issued by the Supreme Court of Victoria. They authorise a person (the “administrator”) to collect, manage, and distribute the assets of a deceased person who died intestate (without a valid Will), or where the named executor is unable or unwilling to act.

When Are Letters of Administration Required?

Letters of Administration are generally required when:

• The deceased did not leave a valid Will (died intestate).

• The Will does not appoint an executor, or the appointed executor cannot or will not act.

• The Will is invalid or cannot be located.

Without this grant, banks, superannuation funds, and other asset holders will not release the deceased’s assets to family members or beneficiaries – some conditions depending on the values involved , eg.

Who Can Apply for Letters of Administration?

The law sets out a hierarchy of eligible applicants, usually starting with the deceased’s closest next of kin. In Victoria, this typically includes:

• Spouse or domestic partner

• Children

• Parents

• Siblings

If there are multiple eligible persons, they may apply jointly or one may apply with the consent of the others.

The Application Process

Applying for Letters of Administration involves several steps:

1. Identifying the Estate’s Assets and Liabilities: Compile a list of all assets and debts.

2. Advertising the Intention to Apply: Publish a notice of intention to apply for administration on the Supreme Court’s website.

3. Preparing the Application: Complete the required forms, including an affidavit of the applicant and an inventory of assets and liabilities.

4. Filing with the Supreme Court: Lodge the application and supporting documents with the Probate Office.

5. Grant Issued: If the Court is satisfied, it will issue the Letters of Administration.

Duties of an Administrator

Once appointed, the administrator’s duties are similar to those of an executor. These include:

• Collecting and securing the deceased’s assets

• Paying outstanding debts and liabilities

• Distributing the estate according to the rules of intestacy set out in the Administration and Probate Act 1958 (Vic)

• Keeping accurate records and providing accounts if required

Conclusion

Letters of Administration are a crucial legal mechanism for managing the estate of someone who has died without a Will in Victoria. The process can be complex, and strict legal requirements must be met. Understanding the basics of Letters of Administration helps ensure that the deceased’s estate is managed lawfully and distributed fairly among entitled beneficiaries.