Letters of Administration in Victoria
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Letters of Administration in Victoria
When someone passes away without a valid will in Victoria, the Supreme Court of Victoria can grant Letters of Administration to an eligible person, giving them authority to administer the deceased person's estate. The process is governed by the Administration and Probate Act 1958 (Vic).
When Are Letters of Administration Required?
Letters of Administration are required when a person dies without a valid will (known as dying “intestate”) and holds assets solely in their name. The next of kin cannot access bank accounts, property or shares without a grant.
They may also be required when a will exists but no executor is able or willing to act.
How Is It Different from Probate?
Probate applies when there is a valid will and a named executor. Letters of Administration apply when there is no will or no executor is available. The administrator may need to provide a bond to the court (requirements vary by state), and the estate is distributed under intestacy laws rather than the will.
VIC Letters of Administration: Quick Reference
Court Fees
Nil – $17,297.50
Based on estate value
Timeline
8–14 weeks
Standard applications
Notice Period
15 days
Minimum required
Admin Bond
May apply
Court may dispense
Court Filing Fees
The Supreme Court of Victoria charges filing fees for Letters of Administration based on the total value of the deceased's assets. The fees are the same as for probate applications, using the tiered structure introduced on 18 November 2024.
| Gross Estate Value | Filing Fee |
|---|---|
| Less than $250,000 | Nil |
| $250,000 – $499,999 | $529.50 |
| $500,000 – $999,999 | $1,059 |
| $1,000,000 – $1,999,999 | $2,471.10 |
| $2,000,000 – $2,999,999 | $4,942.10 |
| $3,000,000 – $4,999,999 | $7,396.40 |
| $5,000,000 – $6,999,999 | $12,355.40 |
| $7,000,000 or more | $17,297.50 |
Additional Costs
- Notice of Intention to apply (RedCrest-Probate): $37
Administration Bond
In Victoria, the court may require the administrator to provide an administration bond. The bond amount is typically set at the gross value of the estate. The court may, at its discretion, reduce the bond amount or dispense with the bond entirely, particularly where all persons entitled under the intestacy consent to the application.
Note: Fees are set by the Supreme Court of Victoria and are subject to change. Fees shown are current as of 1 July 2025. Always confirm current fees with the court before lodging your application.
Who Can Apply
Under the Administration and Probate Act 1958 (Vic), the following persons may apply for Letters of Administration, in order of priority:
- Surviving spouse or domestic partner
The surviving spouse or domestic partner of the deceased has first priority to apply.
- Children of the deceased
If there is no surviving spouse or domestic partner, the deceased's children may apply.
- Parents of the deceased
Parents may apply if there is no surviving spouse or children.
- Siblings of the deceased
Brothers and sisters may apply if no higher-priority applicant is available.
- Grandparents of the deceased
Grandparents may apply in the absence of closer relatives.
- Aunts, uncles, and their children
Extended family may apply if no closer relatives are available or willing.
- Any other next of kin
More distant relatives may apply where closer kin are unavailable.
- The Public Trustee or a creditor of the estate
The Public Trustee or a creditor may apply where no eligible family member is available or willing.
If the person with the highest priority does not wish to apply, they must file a formal renunciation of their right.
The Application Process in Victoria
The application process involves the following steps:
- Obtain the death certificate
You will need an official death certificate from Births, Deaths and Marriages Victoria.
- Identify the estate assets and liabilities
Compile a comprehensive inventory of all assets and liabilities of the deceased.
- Complete the required court forms
Prepare the originating motion, the applicant's affidavit, and the inventory of assets and liabilities.
- Publish a notice of intention
A notice of intention to apply must be published at least 15 days before filing. This is usually published on the Supreme Court of Victoria's website.
- File the application
Lodge all documents electronically via the RedCrest-Probate platform, together with the applicable filing fee.
- Court processing
The Probate Office reviews the application. If everything is in order, the grant will be issued without a court hearing.
Distribution of the Estate
Once the grant is issued, the administrator must distribute the estate according to the intestacy provisions set out in Part IA of the Administration and Probate Act 1958 (Vic). This determines the share that each eligible family member receives.
Required Forms for Letters of Administration in Victoria
The following forms are required for a Letters of Administration application in Victoria:
- Originating Motion for Grant of Administration: The primary court document to initiate the application.
- Affidavit of the Applicant: A sworn statement by the applicant detailing the death, the intestacy, the applicant's relationship to the deceased, and details of the estate.
- Affidavit of Assets and Liabilities: A sworn inventory of all estate assets and liabilities with estimated values.
- Affidavit of Publication: Confirming the notice of intention to apply was published as required.
- Renunciation: If a person with a higher priority right has renounced, a formal renunciation must be filed.
- Consent of Beneficiaries: Written consent from persons entitled under the intestacy may be required.
Forms are available from the Supreme Court of Victoria website. All affidavits must be sworn or affirmed before an authorised witness such as a solicitor, justice of the peace, or public notary.
Processing Times for Letters of Administration in Victoria
The timeline for obtaining Letters of Administration in Victoria is generally as follows:
- Preparation of documents: 1 to 3 weeks, depending on the complexity of the estate.
- Publication of notice: At least 15 days must pass between publishing the notice and filing the application.
- Court processing: The Probate Office typically takes 6 to 10 weeks to process an application after filing.
- Total estimated timeframe: 8 to 14 weeks from start to grant.
Processing may take longer where the estate is complex, there are disputes, or the administration bond needs to be arranged through a surety company.
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After the Grant Is Issued
Once the grant is issued, the administrator can begin managing the estate:
- Notify asset holders: Present the grant to banks, share registries and other institutions to access assets.
- Pay debts and expenses: Settle outstanding debts, taxes, funeral costs and administration expenses.
- Lodge a distribution notice: Publish a notice of intended distribution and wait the required period (which varies by state). This protects the administrator against unknown creditors or claims.
- Distribute assets: Once all debts are paid and notice periods have elapsed, distribute the estate to beneficiaries under the intestacy rules.
- Keep records: Retain all estate administration documents for future reference.
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Top questions about letters of administration in Victoria
What are Letters of Administration?
Letters of Administration is a court order made by the Court which allows the Administrator (the person who is appointed by the court) to distribute the assets of the deceased who died without a valid will.
Who applies for Letters of Administration?
If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who:
- can apply for Letters of Administration; and
- receives the assets of the deceased’s estate.
This is known as the 'rules of intestacy'.
The grant of administration is usually made to the deceased's 'next of kin', which is the deceased's closest relative.
The Court will usually grant administration to the following ‘next of kin’ (in order of priority):
- the spouse or de facto spouse of the deceased;
- spouse and children;
- children;
- parents;
- brothers and sisters;
- grandparents;
- aunts and uncles; or
- any other person the Court thinks fit.
How long do Letters of Administration take?
In general, obtaining Letters of Administration will take approximately 8 to 15 weeks from the date the application for Letters of administration was filed with the Court (depending on the Courts backlog of applications).
How long do you have to apply for Letters of Administration?
Time is of the essence when it comes to Letters of Administration applications. You must submit your LOA application within six months of the deceased person’s death.
If you’re filing outside of this time frame, you will need to provide satisfactory reasoning as to why you’ve deferred your application. The bottom line is that delaying an application is a potential cause for a range of related complications depending on the circumstances.
We strongly recommend submitting your LOA applications as soon as possible to avoid any unnecessary issues.
What happens if a Will is discovered later?
If a Will is discovered following the grant of Letters of Administration, the appointed Executor must be informed, and the original granted order will be revoked.
In most cases, the Supreme Court will grant Probate to the rightful Executor outlined in the newly discovered Will with the administration of the estate proceeding as intended by the Will-maker.
Does it cost to file Letters of Administration?
There are costs and fees associated with filing for Letters of Administration as there are with many legal services. These costs or expenses vary between states and are also largely affected by the contents, value and overall nature of the estate.
Contact us today to discuss fees and costs involved with filing a Letters of Administration application to your local state’s court and registrar.
What happens to the deceased’s estate if there is no Will?
If there is no Will or an existing will is determined no longer valid, different states and territories will have different laws in this regard.
Generally speaking, state legislation and its respective rules of intestacy usually (but not always), dictate that an intestate death means the estate will be transferred to the next of kin, such as a spouse or children under these types of circumstances.
Please review your local state’s Successions Act or other legislation for specific rules and details.
What is the difference between Probate and Letters of Administration?
Probate is issued by the Court to the Executor(s) named in the Will of the individual who has passed away.
Letters of Administration is a grant by the Court to a person other than a named executor or executors such as a close relation of the individual who passed away because the individual passed away without a Will (intestate), did not name an executor in a valid will or the Executor is unwilling or unable to act.
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