Letters of Administration
Where a person passes away without a Will (or without a valid Will), there is a need to appoint a relevant person to administer the estate. Normally this would be the responsibility of the Executor who is appointed in the Will.
Where there is no Will an administrator must be appointed instead. Letters of Administration may also be required where the Executor in a Will is unable or unwilling to act. In these circumstances, the task of administration of the estate may only be carried out by a person(s) obtaining a Grant of Letters of Administration.
In order for the estate to be administered, you need to apply to the Supreme Court for Letters of Administration. This concept refers to the certificate that the Supreme Court will issue that provides a relevant person with the authority to act as the lawful administrator of the estate to enable the estate to be attended to.
The grant of Letters of Administration attests that the person named in the Grant (referred to as the ‘Administrator’) is entitled to control the assets and manage and distribute the estate in accordance with the succession laws where a person passes without a Will.
An application for Letters of Administration must be in the prescribed form and satisfy the Court’s requirements. Our skilled and experienced probate lawyers who are based in Parramatta and Sydney and our other offices, can assist you in making an application for Letters of Administration and support you through the complex process of administering an estate.