Letters of Administration in Australia
Australia’s Premium Letters of Administration Solution for Self-Represented Applicants with Affordable Fixed-Fees
Disclaimer: Probate Consultants is not a legal practice. Information on this website about the law on any subject is general in nature and is intended to provide an outline only. It is not comprehensive, nor does it constitute legal or financial advice.
What Happens to Your Things When You Pass Away?
When someone passes away, they often leave behind property, assets, and sometimes debt. This is known as their ‘estate,’ and it needs to be managed and finalised.
This Involves
Where the deceased person left a valid Will, the estate is finalised by the executor(s). This may involve applying for probate.
Where there is no valid Will, the deceased’s closest next of kin can administer the estate. This process often involves applying for Letters of Administration (LOA).
What Happens When Someone Passes Away Without a Will?
Someone who passes away without a valid Will has died intestate. To deal with the property and assets they have left behind, someone who is entitled to benefit from the estate, usually the deceased’s closest next-of-kin, can apply for Letters of Administration.
What are Letters of Administration?
Letters of Administration are issued by the Supreme Court to the person who is legally entitled to deal with the property and assets of someone who has passed away without a valid will. This person is appointed Administrator of the estate.
Who Can Apply for Letters of Administration?
Someone who is entitled to benefit from the deceased person’s estate can apply for Letters of Administration. This is usually the deceased’s closest next-of-kin.
Each State and Territory has its own laws of intestacy. These laws stipulate:
Although each State and Territory has its own specific order of priority in which people can apply for LOA, the following hierarchy is a useful guide:
What is Involved in Applying for Letters of Administration?
Applying for Letters of Administration involves the following general steps:
Please Note: We are not currently assisting clients in WA and NSW to apply for Letters of Administration.
Probate
Letters Of Administration
How Do You Apply for a Grant of Letters of Administration?
There are four main ways to apply for a Grant of Letters of Administration:
There are pros and cons to each option, and finding the best way to apply is an important decision for the next-of-kin.
How Much Does Applying for Letters of Administration Cost?
The cost involved in applying for a Grant of Letters of Administration depends on:
Applying Yourself
If you were to apply yourself, without engaging a solicitor or using Probate Consultants, you would pay the following:
Victoria
Queensland
Australian Capital Territory
New South Wales
South Australia
Western Australia
Northern Territory
Tasmania
Solicitors
There is no standard cost that solicitors charge for preparing Probate applications. Fees vary from practitioner to practitioner and practice to practice.
When considering a price quote from a Solicitor, ensure the following has been included:
Probate Consultants
Probate Consultants have made applying for Letters of Administration Fast, Affordable, & Easy for self-represented applicants. We are Australia’s Premium LOA Solution with affordable Fixed-Fees.
We offer all Australians the same fixed fees regardless of the value of the estate. You have complete certainty over the total out-of-pocket cost involved in obtaining Letters of Administration from the beginning – no surprises.
The total cost involved in applying for Letters of Administration includes:
What Happens After Letters of Administration Are Granted?
If their application is successful, the deceased’s closest next-of-kin receives a Grant of Letters of Administration. This is a legal document that appoints them Administrator of the deceased estate and is evidence of their authority to deal with the property and assets left behind.
The Administrator is responsible for:
Collecting all property and assets
Paying any debts
Distributing the estate according to the laws of intestacy
Victoria
Most Grants of Probate are received within 18 -20 days. This is the fastest possible turnaround time given the application time frames provided by the Supreme Court of Victoria.
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Queensland
Most Grants of Probate are received within 8 weeks. This is the fastest possible turnaround time given the application time frames provided by the Supreme Court of Queensland.
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Australian Capital Territory
Most Grants of Probate are received within 28 days. This is the fastest possible turnaround time given the application time frames provided by the ACT Supreme Court.
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New South Wales
Most Grants of Probate are received within 12 weeks. This is the fastest possible turnaround time given the application time frames provided by the Supreme Court of New South Wales.
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South Australia
Most Grants are received within 18 – 28 days.
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Northern Territory
Most Grants of Probate are received within 28 days. This is the fastest possible turn-around time given the application time frames provided by the NT Supreme Court.
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Western Australia
Most Grants are received within 28 days.
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Tasmania
Most Grants of Probate are received within 28 days. This is the fastest possible turnaround time given the application time frames provided by the Supreme Court of Tasmania.
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