Administering an estate where there is no Executor

Letters of Administration are issued by the Supreme Court of Victoria to authorise an Administrator to manage a deceased estate where there is no Executor able to act. This commonly occurs where there is no valid Will, but it may also occur where a Will exists and no appointed Executor can apply.

Types of Administration Grants

Letters of Administration on intestacy are generally used where there is no valid Will, and the estate must be distributed under Victorian intestacy laws. Letters of Administration with the Will annexed may be required where a valid Will exists but no Executor is able or willing to apply; the Administrator must then follow the Will.

Who May Apply?

Where there is no valid Will, the closest relative or relatives entitled to share in the estate will usually apply. If a Will exists but no Executor can act, the person with the greatest beneficial interest will usually apply. Applicants must be at least 18, and consents may be required from others with equal or greater entitlement.

Without a valid Will, legislation determines the beneficiaries and their shares by reference to the deceased's family circumstances and estate. An Administrator cannot choose a different distribution.

The Application Process

1. Confirm the Grant and Applicant

The family circumstances, any Will and the applicant's entitlement are reviewed to identify the appropriate grant.

2. Gather Evidence

Will and Probate searches may be conducted, and evidence of family relationships, assets, liabilities, consents or renunciations is collected.

3. Publish the Notice

A notice of intention to apply must be published through RedCrest-Probate at least 15 days before filing.

4. File the Application

The application, affidavits and supporting documents are filed through RedCrest-Probate, and any Probate Office requisitions are addressed.

5. Administer the Estate

After the grant is issued, the Administrator can collect and protect assets, pay valid expenses and liabilities and distribute the estate according to the Will or intestacy laws.

How We Can Help

◆ Determining the appropriate grant and who is entitled to apply

◆ Conducting Will and Probate searches and gathering family evidence

◆ Preparing the application, affidavits, consents and renunciations

◆ Responding to requisitions and advising on Administrator duties

◆ Collecting assets, dealing with property and distributing the estate

Complex Estates and Early Advice

Early advice is important where applicants or family relationships are disputed, beneficiaries are missing, the estate includes overseas or business assets, or a later Will, caveat or estate claim arises. Estate assets should not be distributed until it is clear whether a grant is required and who has authority to act.