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Letters of Administration Melbourne
When someone dies without a valid will, the Supreme Court of Victoria can grant letters of administration to authorise someone to manage and distribute the estate.
What Are Letters of Administration?
Letters of administration are a court order issued by the Supreme Court of Victoria authorising a person (the administrator) to manage and distribute the estate of someone who has died without a valid will (intestate) or without an executor able to act.
The administrator has similar duties to an executor — collecting assets, paying debts, and distributing the estate — but does so under the supervision of the court and in accordance with Victorian intestacy laws.
Speak to an Estate LawyerLetters of Administration in Victoria: How the Process Works
Obtaining letters of administration in Victoria is a multi-step process that begins with applying for the court's permission to manage the estate of a loved one who has passed without a valid will. The court must appoint an administrator — usually the next of kin that has the highest claim in the estate — to manage the estate and distribute assets. The following steps outline the requirements for this legal process.
- 1
Notice of Intended Application
A public notice announcing your intention to apply for a letter of administration is required. This is published on the Supreme Court of Victoria's website which sets out your intention to apply for a grant of letters of administration and also allows any creditors to make their claims known. You must wait at least 14 days after publishing your notice before submitting your application for a letter of administration.
- 2
Asset and Liability Inventory
An inventory of the deceased's assets and liabilities is required. This list, which forms part of the application, details only assets held solely or as tenants in common by the deceased, excluding jointly-held assets.
- 3
Court Application
The official application involves preparing an affidavit that confirms that the deceased did not have a will, how you searched for the will, a list of people entitled to share the estate and your proof of entitlement. As part of the application, you will need to attach the inventory of assets and liabilities prepared and any other required documents.
At Ebra Partners, our letters of administration lawyers manage these steps, assisting with document preparation, the public notice and asset identification. Additionally, if real estate is involved, our real estate lawyers ensure that property transfers are managed in compliance with legal requirements.
Letter of Administration FAQs
What is a letter of administration lawyer?
A letter of administration lawyer helps clients apply for letters of administration when a loved one passes without a valid will or with a will where the executor has passed or cannot act. At Ebra Partners, we handle all legal aspects of the estate distribution process, ensuring compliance with Victorian law.
How do I apply for letters of administration in Victoria?
To apply for letters of administration in Victoria, you must advertise a notice of intended application, and submit a formal application to the court at least 14 days after the notice, along with supporting documents such as death certificates and asset inventories. Our team at Ebra Partners assists with the entire application process, making it easier for families during a difficult time.
What happens if there is no will?
If someone passes without a will, their estate will be distributed according to intestacy laws. To legally manage the estate, a letter of administration without a will must be applied for. Our lawyers guide you through this process, ensuring the estate is distributed according to the law.
Can a real estate lawyer help with property transfers in an estate?
Yes, if real estate is involved, our real estate lawyer Melbourne team ensures that property transfers are appropriately managed as part of the estate administration process. We work with the administrator to handle any legal requirements related to property.