Letters of Administration

No Will. A path forward.

When someone dies without a Will, the court still needs to authorise someone to administer their estate. Letters of Administration are how that happens. Willed Law can prepare the application and lodge it for a fixed fee.

1300 945 533 Get a fixed-fee quote

Why families choose Willed

Intestacy, handled carefully.

  • Australian lawyers at Willed Law

    Solicitors at Willed Law. The same person you speak to handles your file.

  • Fixed fee, confirmed upfront

    One price for the work. No hourly billing, no surprise invoices at the end.

  • Court-ready paperwork

    Willed Law works through the intestacy rules, drafts the application, and lodges with the Supreme Court of your state.

  • Calm through a hard time

    Willed Law has helped thousands of families through this. It isn’t just paperwork.

What they are

The court’s appointment, when there’s no Will.

When someone dies without a Will (or with a Will that can’t be located), there’s no executor named to manage the estate. Letters of Administration are the Supreme Court’s appointment of someone, usually next of kin, to step into that role.

Without the grant, banks won’t release funds, the property registry won’t transfer title, and the estate sits in limbo. Before things can move forward, someone has to apply.

Willed Law’s solicitors work through the intestacy rules for your state to confirm who can apply, prepare the application, gather the supporting documents, and lodge it with the court. They follow it through and answer any requisitions the court raises.

Willed Law confirms your fixed fee before work starts. You pay once the grant is issued, not before.

How Willed Law compares

Lawyers who charge by the hour add up fast. With Willed Law, your fixed fee is confirmed before work starts.

Feature

Typical law firm

Willed Law
Pricing Hourly, or based on the size of the estate Fixed fee, confirmed upfront
When you pay Retainer up front Only once the grant is issued
Plain English Legal jargon and long letters Plain English, every step explained
Volume A handful of probate files a year Hundreds of probate files a year
Format Office visits during business hours In person or over the phone, your choice
Reviews Rarely public Public, on Google and reviews.io
Get a fixed-fee quote

How it works

Three simple steps.

  1. Start with a free call.

    We’ll spend about 20 minutes understanding the estate and the family situation, working out who’s entitled to apply, and giving you a clear quote. No obligation.

  2. We prepare and lodge.

    Your solicitor works through the intestacy rules, drafts the application, gathers the supporting documents, and lodges with the Supreme Court of your state.

  3. The grant is issued.

    You receive Letters of Administration and the authority to deal with the bank, the super fund, and the property registry. The estate can move forward.

Letters of Administration, state by state.

NSW New South Wales VIC Victoria QLD Queensland SA South Australia WA Western Australia TAS Tasmania NT Northern Territory ACT Australian Capital Territory

Helping hundreds of families each month

Through one of the harder seasons

Get a no-obligation, fixed-fee quote

Enter your details here and Willed Law will call you back to assist with your Letters of Administration enquiry.

Top questions about Letters of Administration

See all FAQs
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.

Letters of Administration guides

Plain-English answers to common questions about intestacy and the grant process.

Letters of Administration: The Complete Guide

Letters of administration is important when distributing an estate of someone who died without a valid will or a will that is annexed. Keep reading to learn more.

Dave Kaplan
Letters of Administration Tasmania: The Process Explained

Applying for letters of administration in Tasmania can be a challenge, but our guide will take you through the process step-by-step.

Dave Kaplan
See All Guides