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Letters of Administration

What is Letters of Administration?

Letters of Administration is a legal document issued by the Supreme Court that gives a person the authority to manage and distribute the estate of someone who has died without a valid Will (known as dying intestate).​The person granted Letters of Administration—called the administrator—has similar responsibilities to an executor named in a Will. They can collect the deceased’s assets, pay debts, and distribute the estate to beneficiaries according to the laws of intestacy.​This process is usually started by the deceased’s next of kin (such as a spouse, child, or sibling) and requires the court to be satisfied that there is no valid Will and that the applicant is the appropriate person to administer the estate.

In Victoria, Letters of Administration are generally granted to the deceased’s next of kin—usually a spouse, de facto partner, or child—if no valid Will exists. The applicant must be a competent adult able to manage the legal and administrative duties, and more than one person can apply jointly. If no next of kin is available or willing, the court can appoint another suitable person to administer the estate.

Can I apply for Letters of Administration? 

As an Administrator, you will generally be required to:

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  • Organise and carry out funeral arrangements

  • Obtain a death certificate

  • Identify all eligible beneficiaries entitled to inherit pursuant to the laws of intestacy in VIC

  • Notify utility providers and financial institutions of the death

  • Redirect post and contact financial institutions to put a halt on any direct debits

  • Find and contact beneficiaries, and keep them updated on the estate administration process

  • Contact financial institutions, service providers and government agencies to validate the deceased’s assets and liabilities

  • Create an inventory of the estate including cash, real estate and securities, insurance policies, superannuation, outstanding work entitlements and any personal and household effects

  • Keep records of any financial and administrative transactions incurred during the estate administration process

  • Provide a distribution report to each beneficiary

  • Gather important documents and fill out the paperwork to apply for a Grant of Letters of Administration with the Supreme Court

  • Pay off any debts, taxes and other expenses incurred for burial or funeral arrangements

  • Distribute the remainder of the estate to beneficiaries including paying legacies, establishing testamentary trusts, and bequeathing gifts or donations

  • Prepare account and tax information for beneficiaries after Letters of Administration is granted

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