Letters of Administration ACT: The Process Explained

Applying for letters of administration ACT (Australian Capital Territory) can be a challenge, but our guide will take you through the process step-by-step.

Dave Kaplan Dave Kaplan
ARTICLE2 MIN READ
Letters of Administration ACT: The Process Explained

If you have recently lost a loved one and they had assets in the Australian Capital Territory of Australia, you may be wondering what to do next. Applying for letters of administration ACT is the first step in distributing the deceased's assets if they died intestate,

In this guide, we'll explain the process of applying for letters of administration ACT so that you can handle your loved one's estate.

When are letters of administration required in the ACT?

Letters of administration in the Australian Capital Territory is required when someone dies without a will or with a will. If they die with a will, this is known as ‘with the will annexed and means the executor of the valid Will is unable or unwilling to fulfil their duties.

Who can apply for letters of administration ACT?

Generally, someone who is entitled to the estate of the deceased will apply for letters of administration in ACT. These are typically eligible relatives of the deceased, and the court will generally only grant letters of administration to them. This includes the following people:

  • Spouse or de facto partner

  • Next of Kin (one or more)

  • Any person that the court sees fit

The court will only grant letters of administration to a creditor or Public trustee if the deceased has no spouse, de facto partner, or next of kin, or those people are not located in the jurisdiction of the estate.

Who can apply for letters of administration with the will annexed in ACT?

Letters of administration with the will annexed in ACT is necessary when an executor is unable or unwilling to fulfil their duties as outlined in a valid will. The person applying for this grant must be a spouse, de facto partner, or next of kin willing and able to administer the deceased's estate per their will.

How do I apply for letters of administration in the ACT?

Before you apply for letters of administration, you need to confirm there's no Will. Here are the steps to apply for a letter of administration in ACT

  1. Notice of intention to apply published in a daily newspaper circulating in ACT, no less than 14 days before submitting your application in court

  2. File the originating application, grant of letters of administration and the supporting affidavits

  3. Process the filing fee

If you are filing for letters of administration with a will, you’ll also need to submit a form that proves consent to administer the estate from other entitled people, an administration bond and an affidavit of justification.

Final Thoughts

Generally, Probate registry staff can't help you complete and submit your application for letters of administration in the ACT. Therefore, consider a professional letter of administration service to help you through the process.

Willed's Letters of Administration service is led by industry professionals who can help you through the process from start to finish. Starting with a free phone consultation, we'll help complete and lodge the application.

To learn more, contact our team today.

Share this guide:

Get a no obligation,fixed fee quote

Enter your details here and one of our lawyers will call you back to assist with your Letters of Administration enquiry.