Letters of administration

Letters of Administration is an approval granted by the Court, allowing a person to administer the estate of a person who has died without a Will (called "dying intestate"). Letters of Administration will allow the administrator to distribute the deceased’s assets according to that state’s rules of intestacy.

In most states, the "next of kin" of the deceased person will have the authority to apply for Letters of Administration. This will usually be that person’s spouse, children or other nearest living relative.

In most cases, without Letters of Administration, it won’t be possible to access and manage the assets of the estate i.e. bank accounts, share accounts, property and other assets. Occasionally a smaller estate will not require Letters of Administration to access and distribute the estate’s assets, but it is normally required. We can help you understand whether, based on the size and type of assets in the estate, you need Letters of Administration.

The process of obtaining Letters of Administration goes through the Supreme Court in your state or territory, and generally involves publishing an online notice and lodging a set of documents with the Court. The Court will review the documents and if all the information has been correctly prepared, the Court will grant Letters of Administration.

There is no requirement that you use a lawyer to apply for Letters of Administration, and there are online resources that can help guide you through the process. Most people, however, choose to use a lawyer because it is a technical legal process that can be complex, and if not done correctly could result in delays to distributing the estate. Because of this, it is generally recommended to engage a lawyer for advice.