Letters of Administration are granted by the Supreme Court when a person dies without leaving a valid Will. This Order by the Supreme Court allows for someone to be appointed to become the Administrator of the estate in question, giving them the legal right to deal with the assets of the estate.
When a person dies without a valid Will, it is still necessary for someone to obtain the legal right to administer the deceased estate. Dying without a legal Will is considered dying ‘intestate’. When this occurs, the Supreme Court will appoint an administrator to undertake the task of distributing and administering the estate. When a person dies with a valid will, then the Executor will apply for a Grant of Probate (not letters of administration).
Who can be an administrator
Generally, the person with the greatest interest in the estate will apply to the Supreme Court to be appointed as the administrator. In many cases, the administrator becomes the deceased’s partner or children. However, there are a number of matters within the Supreme Court (Administration and Probate) Rules 2014 – Reg 4.04 which are considered by the Supreme Court before the Order is granted to be an administrator.
Role of the administrator
Once appointed by the Supreme Court, the administrator is responsible for the entire administration of the estate until all assets have been distributed. The administrator is required to act within the best interests of the estate and is required to carry out the application to the Supreme Court for a Grant of Letters of Administration, advising beneficiaries of their interest, arranging the funeral, collecting and transferring assets, ensuring all debts are paid and finally distributing the assets of the deceased.
Considerations
Dying intestate means your assets will be distributed according to the Administration and Probate Act 1958. This Act provides for the distribution of your estate according to the specific formula of the State of Victoria. As your estate will be distributed according to this Act, your estate may not be distributed according to your wishes.
ASAP Lawyers regularly accepts instructions to apply for Letters of Administration on behalf of its clients. We can guide you every step of the way to ensure that you fulfil your legal duties as an administrator. Contact us on 03 94050 9400 to speak with an experienced professional.