What happens when you die without a Will in Victoria?
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.
When someone dies, they often leave behind property, assets and – occasionally – debt. This is known as their ‘estate’. In order to manage and finalise the estate, all property and assets must be collected, debts paid, and assets distributed. If there is one, the assets are distributed according to the Will, but sometimes, people pass away without a Will.
Legally, when someone passes away without a valid Will, they have died intestate. This means that their assets are distributed according to a legal formula laid out by the Victorian government in Part IA of the Administration and Probate Act 1958 (VIC). These are known as the laws of intestacy and are based on the deceased’s relationships at the time of their passing.
When someone dies intestate because they have left either no Will, or an invalid Will, their assets usually go to their closest next of kin, but if they don’t have a partner, children, or other relatives, their assets go to the State of Victoria.
If you require assistance with an application for a Letter of Administration, contact us today for a Free Consultation on 1300 561 803.
What happens after Letters of Administration are granted?
LOA appoints an Administrator of the estate. Generally speaking, the Administrator is responsible for:
- Collecting all property and assets
- Paying any debts
- Distributing the assets according to the laws of intestacy.
Assets may include:
- Real estate
- Money in bank accounts
- Shares
- Aged-care bond (RAD)
- Personal possessions
- Superannuation
- Life insurance
- Motor vehicles
Debts may include:
- Loans
- Mortgages
- Credit cards
- Taxes
- Bills
- Costs incurred by the Administrator or other persons to finalise the deceased estate – i.e. funeral costs, legal expenses, ongoing bills
Call 1300 561 803 for a Free Consultation today or Book a time for a Call-Back. There is no timer and never any obligations. We will provide you with all the information you need to make the right choice for you and your family.
Summary
Applying for Letters of Administration when someone has died without a Will in Victoria can be overwhelming and technical. There is a lot of law to navigate, and the application must comply with the Supreme Court’s strict requirements.
At Probate Consultants, we make applying for LOA fast, affordable and extremely easy. With unlimited access to your dedicated consultant, clear and accessible information is always on offer to help you stay completely informed when dealing with an intestacy in Victoria.
Probate Consultants are the #1 rated LOA service in Victoria and guarantee the fastest approval times – just 16 days! Call us today on 1300 561 803 now or arrange a Free Consultation.