Letters of
Administration
Applying for authority to manage an estate where there is no valid Will — handling the court process and advising administrators on their obligations.
Letters of Administration
Where a person dies without a valid Will (intestate), someone must apply to the Supreme Court of Victoria for letters of administration before the estate can be managed or distributed. Letters of administration is a grant that authorises the administrator to collect assets, pay debts, and distribute the estate according to the rules of intestate succession under the Administration and Probate Act 1958 (Vic). We handle the application process and advise the administrator on their obligations throughout the administration.
The rules of intestate succession follow a fixed statutory formula — the law, not the deceased's wishes, determines who inherits and in what proportions. The surviving spouse or domestic partner receives priority, followed by children, parents, siblings, and more distant relatives in a set order. This fixed distribution can produce outcomes that are far from what the deceased would have wanted, particularly in blended families or where the deceased had specific intentions for particular people or assets.
Letters of administration may also be required in situations other than intestacy — for example, where an executor named in the Will has died, is unable to act, or renounces the appointment. The administrator's duties are similar to those of an executor: collecting assets, paying debts, lodging the deceased's final tax return, and distributing the estate. Administrators can be personally liable for errors — we guide you through the process carefully to ensure obligations are met.
Where the deceased left a valid Will, probate is required rather than letters of administration. The process is similar — we handle both, and advise on which grant applies to your circumstances.
Probate and estate administration →Where there is no Will and the intestacy rules produce an unfair outcome, eligible family members may have limited options. We advise on what avenues are available and represent clients in estate disputes where the distribution is contested.
Contesting a Will — full details →A valid Will avoids intestacy entirely — your estate is distributed according to your wishes, not the statutory formula. The cost and complexity of letters of administration is often far greater than the cost of a properly drafted Will. We make Will drafting straightforward.
Wills — full details →Letters of administration is one part of a broader Wills and Estates practice. See the full range of services — from Will drafting and powers of attorney to testamentary trusts and estate disputes.
Wills and estates — all services →Clear guidance
through uncertain ground.
Dealing with an intestate estate can be more complicated than administering one with a Will. The rules of intestacy are fixed, but applying them to a real estate with blended family dynamics, jointly held assets, or a business interest requires careful advice.
We handle the Supreme Court application, manage the financial institution and real estate processes, and advise the administrator on their obligations and potential liabilities throughout the administration. Our goal is to complete the process efficiently and correctly.
We also advise family members who believe the intestacy outcome is unfair and want to understand their options — including whether a family provision claim or other avenue is available.
Letters of administration FAQs
Letters of administration is a grant issued by the Supreme Court of Victoria authorising a person (the administrator) to manage and distribute a deceased estate where there is no valid Will, or in certain other circumstances where probate cannot be granted. The grant gives the administrator legal authority to collect assets, pay debts and liabilities, and distribute the estate according to the rules of intestate succession under the Administration and Probate Act 1958 (Vic).
The court gives priority to the surviving spouse or domestic partner of the deceased, followed by children, parents, siblings, and more distant relatives in a set order. If the first eligible person does not wish to apply, is unable to, or is disqualified, the right passes to the next person in priority. In some cases — particularly where the estate has debts — a creditor may also apply. We advise on who has priority and how to proceed in more complicated situations.
Under the Administration and Probate Act 1958 (Vic), the surviving spouse or domestic partner receives the personal chattels plus the first $490,000 (the "statutory legacy", indexed periodically) of the estate, and half of any remainder. Children share the other half. If there is no surviving spouse, the estate passes entirely to children, then parents, then siblings, and so on. The rules ignore your actual relationships and intentions — making a valid Will the only reliable way to ensure your estate is distributed according to your wishes.
Probate applies where the deceased left a valid Will — it confirms the Will is valid and grants the named executor authority to act. Letters of administration applies where there is no valid Will, where the named executor has died or renounced, or in certain other circumstances. Both processes involve an application to the Supreme Court, and the administrator's ongoing duties are similar to those of an executor. The key difference is that an administrator distributes the estate under the intestacy rules rather than following a Will.
The intestacy rules apply to "domestic partners" as defined under the Administration and Probate Act 1958 (Vic), which includes de facto partners who meet the definition. Whether a de facto relationship qualifies can itself be disputed — particularly where the relationship was recent or contested by other family members. If you believe you are entitled to a share of the estate and are not being recognised, seek advice promptly. Time limits apply.
In limited circumstances, yes. Eligible persons who were financially dependent on the deceased or have a close relationship with them may be able to make a family provision claim — asking the court to order additional provision from the estate. Beneficiaries can also agree between themselves to redirect their entitlements, though this may have tax implications. If you believe the intestacy rules have produced an unfair result for you or your family, we advise on the available options. Call (03) 9741 3777.
Dealing with an estate and no Will?
We handle the court process and guide administrators through their obligations.