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When someone dies in Victoria, they often leave behind an estate (assets + debt) that needs to be managed and finalised. Where the deceased person leaves a Will, their estate is managed by the executors they have appointed and may involve applying for Probate. Where there is no Will, the deceased’s closest Next-of-Kin can administer the estate. This process often involves applying for Letters of Administration (LOA).
What are Letters of Administration in Victoria?
Letters of Administration in Victoria is an order made by the Supreme Court appointing an Administrator and authorising them to access, manage and distribute the estate of a deceased person who has died intestate.
Who is entitled to inherit an estate when there is no Will?
When a person dies intestate in VIC, their entire estate goes to their spouse or domestic partner (“partner”) as long as they did not have children from other relationships. Children with the surviving spouse/partner do not have a separate entitlement.
Where the deceased did not leave a spouse or partner, their estate is distributed according to the following hierarchy:
- Children (or Grandchildren where a child predeceased)
- Parents
- Siblings (or their children where they have predeceased)
- Grandparents
- Aunts and Uncles (or their children where they have predeceased)
The hierarchy operates so that persons at each level of relationship with the deceased are entitled to the whole estate in equal shares. If there is no-one with that relationship, the entitlement moves down to the next tier in the hierarchy. If there are no living relatives, the estate passes to the Victorian government.
Complex Scenarios
Where the deceased leaves a spouse or partner and has children from other relationships, the estate is distributed accordingly:
The Spouse or Partner takes:
01
02
The statutory legacy (from $452K)
03
Interest on the statutory legacy from date of death to payment
04
One half of the balance of the estate
Children from other relationships take:
Notes:
- If the estate value is less than the statutory legacy, the spouse/partner takes the whole estate.
- If the deceased leaves a spouse and partner, or multiple partners, then, in the absence of a distribution order or agreement, they take the spouse/partner’s share equally among themselves.
What is a Grant of Letters of Administration VIC?
A Grant of Letters of Administration in Victoria is a legal document issued by the Supreme Court of that certifies:
- The named person has died (the deceased).
- The deceased died intestate (No Will).
- The Administrator appointed in the Grant has the authority to access and deal with the deceased’s estate.
- The Administrator is usually the deceased’s closest Next-of-Kin.
A useful analogy is that a Grant of Letters of Administration is like the key to a deceased person’s estate where they have died intestate. It allows the Administrator to access, manage and distribute their property and assets according to the laws of intestacy. This important legal document proves to asset holders and institutions like the ATO that the Administrator has the authority to finalise the affairs of the deceased.
Who can apply for Letters of Administration in Victoria?
The person(s) with the largest entitlement to the deceased’s estate can apply for Letters of Administration. This is usually the deceased’s closest next-of-kin.
The Supreme Court of Victoria website provides that family members can apply for Letters of Administration in the following order of priority:
- Spouse or domestic partner
- Children, excluding step children, but including children adopted by the deceased
- Grandchildren
- Parents
- Siblings
- Remoter next of kin (Grandparents, Aunties/Uncles, Cousins)
How do you apply for Letters of Administration in VIC?
There are four main ways to apply for a Grant of Letters of Administration in Victoria:
- 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 pathway and finding the best way to apply is an important decision.
What are the costs involved in applying for Letters of Administration in Victoria?
The costs and fees involved in applying for Letters of Administration in VIC depend on:
- The value of assets located in Victoria
- How you choose to apply:
- Yourself as a self-represented applicant (SRA)
- SRA supported by Probate Consultants
- Probate Solicitors
Fixed Costs:
The following Court Fees apply to all applications for Letters of Administration in VIC, regardless of how you choose to apply:
- Advertisement Fee – $25.40
- Filing Fee – From $66.80 to $2,257.80 depending on the value of assets located in VIC
The Supreme Court calculates the Filing Fee payable for an application for Letters of Administration according to the tiers below:
| Gross Value of Assets Located in VIC | Filing Fee |
|---|---|
| Less than $500,000 | $66.80 |
| More than $500,000 but less than $1,000,000 | $357.80 |
| More than $1,000,000 but less than $2,000,000 | $667.80 |
| More than $2,000,000 but less than $3,000,000 | $1,462.80 |
| More than $3,000,000 | $2,257.80 |
Professional Costs
If you require assistance with your Letters of Administration application in Victoria, you will pay professional fees in addition to the mandatory Court fees outlined above. Every service provider charges different fees and the variance between these costs can be substantial.
There are two main ways to get assistance with your application:
- Solicitors
- Probate Consultants
When are Letters of Administration required in VIC?
Obtaining Letters of Administration to deal with an intestate estate is not mandatory in Victoria or anywhere in Australia. They are only required if an asset holder (Bank, Aged Care facility, Share Registry) or other institution (ATO, Centrelink) request proof of a person’s legal authority to deal with the deceased’s estate. It all depends upon the type of assets, their value and the policies of the institutions holding or managing them.
You need a Grant of Letters of Administration in Victoria in the following situations:
Letters of Administration is also necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.
In determining whether you need Letters of Administration, you can:
- Contact the relevant institutions and ask whether they require a Grant for you deal with the deceased’s estate.
- Contact Probate Consultants for a Free Consultation.
How long does it take to get Letters of Administration in Victoria?
Probate Consultants can assist self-represented applicants obtain a Grant of Letters of Administration in VIC in just 16 days.
Application Timeline
Note: Complex application can take longer depending on the Court’s requirements.