Dealing with the loss of a loved one is never easy, and the added burden of managing the estate can be overwhelming. This is particularly true when someone dies without leaving a Will, a situation known as dying “intestate”. In such cases, a court can grant “letters of administration” to a person, giving them the legal authority to manage and distribute the deceased’s estate.

This article explains what letters of administration is, who can apply for it, and the role of the administrator. The information is of a general nature only and we recommend arranging an appointment with your lawyers at TLS to obtain advice relevant to your circumstances.

What is Letters of Administration?

In Western Australia, the granting of letters of administration by the Supreme Court legally empowers a specific person, known as the administrator, to act on behalf of a deceased person’s estate. This grant is often necessary when someone dies without a valid Will, or in some cases, when an existing Will fails to appoint an executor, or the appointed executor is unable or unwilling to act.

Who can apply for Letters of Administration in Western Australia?

Typically, the deceased person’s surviving spouse will apply to the Supreme Court for letters of administration. If there is no surviving spouse, the deceased’s adult children, surviving parents, siblings or other next of kin may apply.

The Court considers various factors when deciding who to appoint as administrator, including the applicant’s relationship to the deceased, character, and ability to manage the estate responsibly.

The process of obtaining Letters of Administration

Applying for letters of administration is a formal legal process which can be made after 14 days of the date of death. The following documents are filed with the Probate Office of the Supreme Court:

• Motion (application) for grant of letters of administration.
• Affidavit of applicant. The affidavit supports the application and typically sets out details such as particulars of the deceased, the relationship between the applicant and the deceased, the searches undertaken to try to locate a Will, names of those entitled to an interest in the estate and their relationship to the deceased, and an explanation of any irregularities.
• Statement of assets and liabilities of the deceased.
• Death certificate of the deceased.

Where complex issues are involved, the Court may issue requisitions and request additional documents/affidavit material to support the application.

What is the role of the Administrator?

An administrator has several legal responsibilities and must administer the estate according to law. Key duties include:

• Identifying and collecting assets: The administrator must locate and secure all the deceased’s assets, including bank accounts, property, investments, and personal belongings.
• Paying debts and liabilities: Outstanding debts, such as mortgages, loans, and taxes, must be paid from the estate.
• Distributing the estate: The administrator must distribute the remaining assets according to the laws of intestacy which dictate how property is divided among surviving family members.
• Keeping records and accounting: Maintaining detailed records of all transactions and providing a final statement to the beneficiaries.

While an administrator undertakes similar duties as an executor appointed under a Will, the distribution of estate assets is made according to a formula under intestacy laws, as opposed to the provisions of a Will. These rules are complex – the distribution depends on various circumstances including the value of the estate, which family members survived the deceased, and their relationship with the deceased.

How can a lawyer help?

While it is possible to navigate the process of obtaining letters of administration independently, the lawyers at TLS can provide guidance on the relevant processes and assist with interpreting intestacy laws for distributing the estate to beneficiaries. There are also specific situations that warrant specialised legal advice:

• Complex estates: Estates with significant assets, multiple beneficiaries, or international assets can be complex to manage.
• Uncertainty about entitlements: Legal guidance is critical if there is uncertainty about who is entitled to inherit or if there are disputes among beneficiaries.
• Contested applications: Legal representation can help protect your interests if multiple people apply for letters of administration and the Court needs to determine the outcome.

Conclusion

Letters of administration plays a key role in ensuring the orderly management and distribution of estates when someone dies without a Will in Western Australia.  Understanding the process and the responsibilities involved is essential for anyone who may find themselves in this situation. If you require letters of administration, seeking advice from the lawyers at TLS can provide you with clarity and support during a challenging time.

If you or someone you know wishes to have more information or needs help or advice, please call us on 6383 5551 or email us at re*******@*ls.law.