Letters Of Administration In Australia

Name: Probate Consultants
Address: Level 24, 520 Oxford Street, Bondi Junction, NSW, 2022, AU
Telephone: 1300 561 803
Rating: 5

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:

Collecting all property and assets.
Paying any debts.
Distributing the assets according to the Will if there is one, or the laws of intestacy if there is not.

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).

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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.

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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:

Who is entitled to benefit from a deceased person’s estate where they have passed away without a Will.
The order in which people can apply for a Grant of Letters of Administration.
1. The order is based on the deceased’s personal and familial relationships at the time of their passing.

Although each State and Territory has their own specific order of priority in which people can apply for LOA, the following hierarchy is a useful guide:

Lawful spouse or domestic partner
Children
Grandchildren
Parents
Brothers or sisters (or their children where they have predeceased)
Remoter next of kin (Uncles, Aunties, Cousins)

Please see the specific legislation below for each jurisdiction.

Part IA – Intestacy of the Administration and Probate Act 1958 (VIC).

Chapter 4 Intestacy of the Succession Act 2006 (NSW).

The Administration Act 1903 (WA) outlines the order of priority.

Rule 610 of the Uniform Civil Procedure Rules 1999

Rule 34 of the Supreme Court of South Australia Probate Rules (2015).

Administration and Probate Act 1935 and Intestacy Act 2010.

Section 12 of the Administration and Probate Act 1929.

Part III, Division 1 of the Administration and Probate Act 1969.

Disclaimer: Probate Consultants do not provide any legal advice in relation to who is able to apply for Letters of Administration or how the estate must be distributed once the grant has been issued.

What is involved in applying for Letters Of Administration?

Applying for Letters of Administration involves the following general steps:

Advertising your intention to apply (not required in WA & SA).
Completing the application forms.
Signing the application in the presence of an authorised witness.
Lodging the witnessed application with the Supreme Court.
1. Where an advertisement has been published, this can only be done after 14 clear days.

Please Note: We are not currently assisting clients in WA and NSW to apply for Letters of Administration.

Probate

There is a valid Will
Executor(s) named in the Will apply for the Grant
Executor(s) administer and finalise the estate
Property and Assets in the estate are distributed to those entitled under the Will

Letters Of Administration

No valid Will
Closest next-of-kin applies for the Grant
Next-of-kin administers and finalises estate
Property and Assets distributed according to the laws of intestacy

How to apply for a grant of Letters of Administration?

There are four main ways to apply for a Grant of Letters of Administration:

Prepare the application yourself.
Engage Probate Consultants to assist with your application.
Instruct a lawyer to act on your behalf.
Authorise a Trustee Company to act as the administrator.

There are pros and cons to each option and finding the best way to apply is an important decision for the next-of-kin.

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How much does applying for Letters of Administration cost?

The cost involved in applying for a Grant of Letters of Administration depends on:

How you decide to apply
1. Yourself as a self-represented applicant (SRA)
2. SRA supported by Probate Consultants
3. Solicitor
Which State or Territory you apply in
1. States and Territories around Australia have different Filing Fee structures, and some require an Advertisement to be published which adds to the cost.

Applying Yourself

If you were to apply yourself, without engaging a solicitor or using Probate Consultants, you would pay the following:

Advertisement fee – $25.40
Filing Fee (based on gross value of assets in Victoria)

$66.80: Less than $500,000
$357.80: More than $500,000 but less than $1,000,000
$667.80: More than $1,000,000 but less than $2,000,000
$1,462.80: More than $2,000,000 but less than $3,000,000
$2,257.80: More than $3,000,000

For more information, visit the Letters of Administration Victoria page.

$161.70: Advertisement fee
$793: Fixed Filing Fee for all Estates

For more information, visit the Letters of Administration Queensland page.

Advertisement fee: $57
Filing Fee (based on gross value of assets in the ACT)

$0: Less than $50,000
$1,044: More than $50,000 but less than $250,000
$1,320: More than $250,000 but less than $500,000
$1,996: More than $500,000 but less than $1,000,000
$2,657: More than $1,000,000

Advertisement fee – $53
Filing Fee (based on gross value of assets in NSW)

$0: Less than $100,000
$863: More than $100,000 but less than $250,000
$1,171: More than $250,000 but less than $500,000
$1,797: More than $500,000 but less than $1,000,000
$2,394: More than $1,000,000 but less than $2,000,000
$3,991: More than $2,000,000 but less than $5,000,000
$6,652: More than $5,000,000

Filing Fee (based on gross value of the estate)

$929: Less than $200,000
$1,858: More than $200,000 but less than $500,000
$2,475: More than $500,000 but less than $1,000,000
$3,715: More than $1,000,000

For more information, visit the Letters of Administration South Australia page.

$33: Search of Court’s Probate Records
$1,402: Fixed Filing Fee for all Estates

$370 – Fixed Filing Fee for all Estates

Filing Fee (based on gross value of assets in TAS)

$498.40: Less than $50,000
$900.68: More than $50,000 but less than $250,000
$975.44: More than $250,000 but less than $500,000
$1,228.20: More than $500,000 but less than $1,000,000
$1,555.72: More than $1,000,000 but less than $2,000,000
$1,767.54: More than $2,000,000 but less than $5,000,000
$2,123.54: More than $5,000,000

Solicitors

There is no standard cost that solicitors charge for preparing Letters of Administration 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:

GST
Costs & Disbursements
1. Advertisement Fee
2. Filing Fee
3. Other

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:

Our Fixed-Fee:
- $1,888 inc GST: Conventional Applications
- $2,288 inc GST: Complex Applications
Advertisement Fee (VIC, NSW, QLD, ACT)
Supreme Court Filing Fee

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:

01

Collecting all property and assets

02

Paying any debts

03

Distributing the estate according to the laws of intestacy

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How long does it take to obtain a grant of Letters Of Administration?

Probate Consultants guarantee Fast turn-around times for your application.

Most Grants of Probate are received within 18 -20 days. This is the fastest possible turn-around time given the application time frames provided by the Supreme Court of Victoria.

Application Timeline:

Intention to apply for Grant advertised online.
Application lodged on 15th day after advertisement is published.
Grant received within 4 business days.

Most Grants of Probate are received within 8 weeks. This is the fastest possible turn-around time given the application time frames provided by the Supreme Court of Queensland.

Application Timeline:

Intention to apply for Grant advertised in the Queensland Law Report.
Application lodged on 15th day after advertisement is published.
Grant received within 6 weeks.

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 ACT Supreme Court.

Application Timeline:

Intention to apply for Grant advertised online.
Application lodged on 15th day after advertisement is published.
Grant received within 14 days.

Most Grants of Probate are received within 12 weeks. This is the fastest possible turn-around time given the application time frames provided by the Supreme Court of New South Wales.

Application Timeline:

Intention to apply for Grant advertised online.
Application lodged on 15th day after advertisement is published.
Grant received within 10 weeks.

Most Grants are received within 18 – 28 days.
Application Timeline:

No Advertisement necessary.
Grant received within 18-28 days of lodgement.

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.

Application Timeline:

Intention to apply for Grant filed electronically with the Registry of the Supreme Court of the NT.
Application lodged on 15th day after advertisement is published.
Grant received within 14 days.

Most Grants are received within 28 days.

Application Timeline:

No Advertisement necessary.
Application can be lodged 14 days after date of passing.
Grant received within 28 days of lodgement.

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 Supreme Court of Tasmania.

Application Timeline:

Intention to apply for Grant advertised online.
Application lodged on 15th day after advertisement is published.
Grant received within 14 days.

What are the Laws Of Intestacy?

Victoria

When a person dies in Victoria without leaving a valid Will, the property and assets they leave behind must be distributed according to the provisions of Part IA – Intestacy of the Administration and Probate Act 1958 (VIC).

New South Wales

Chapter 4 of the Succession Act 2006 (NSW) outlines the order in which eligible relatives will inherit the estate of a deceased person.

Western Australia

In Western Australia, Section 14 of the Administration Act 1903 (WA) outlines how the property and assets of someone who has died intestate must be distributed.

Queensland

The QLD laws of intestacy are found in Part 3 of the Succession Act 1981.

South Australia

Part 3A of the Administration and Probate Act 1919 outlines how a deceased estate is to be distributed upon intestacy in SA.

Tasmania

The Intestacy Act 2010 is the piece of legislation governing intestacy in Tasmania.

Australian Capital Territory

PART 3A—Intestacy of the Administration and Probate Act 1929 outlines the order in which eligible people will inherit the estate of a deceased person who died without a valid Will.

Northern Territory

Division 4 of the Administration and Probate Act 1969 outlines how the property and assets of someone who has died intestate must be distributed.

Probate Consultants cannot provide you legal advice in relation to how to distribute a deceased estate in accordance with the laws of intestacy.