Dealing with the loss of a loved one is never easy, and managing the estate can feel overwhelming. This is especially true when someone dies without leaving a Will, a situation known as dying “intestate.” In these cases, a court may grant “letters of administration” to a person, giving them legal authority to manage and distribute the deceased’s assets.
This article explains what letters of administration are, who can apply for them, and the role of the administrator. The information is general only, and we strongly recommend obtaining professional advice relevant to your circumstances.
What are Letters of Administration?
In Western Australia, the Supreme Court grants letters of administration to legally empower 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. It also applies when an existing Will fails to appoint an executor, or the appointed executor cannot or will not act.
Who can apply for Letters of Administration in Western Australia?
Typically, the deceased person’s surviving spouse or de facto partner applies to the Supreme Court for letters of administration. If no spouse or partner survives, adult children may apply, followed by surviving parents, siblings, or other next of kin.
The court considers various factors when appointing an administrator. These include 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 without a Will involves a formal legal process. You can start the process after 14 days from the date of death. Certain documents must be filed with the Probate Office of the Supreme Court, including:
- Motion (application) for grant of letters of administration.
- Affidavit of administrator/applicant. This affidavit supports the application and sets out details such as particulars of the deceased, the relationship between the applicant and the deceased, searches undertaken to locate a Will, names of those entitled to an interest in the estate, their relationship with the deceased, and an explanation of any irregularities.
- Statement of assets and liabilities.
- Death certificate.
If complex issues arise, the court may request additional documents or affidavit material.
What is the role of the Administrator?
An administrator has several legal responsibilities and must manage the estate according to law. Key duties include:
- Identifying and collecting assets: The administrator locates and secures all assets, including bank accounts, property, investments, and personal belongings. Certain rules apply to superannuation entitlements, so specific advice may be necessary.
- Paying debts and liabilities: The administrator pays outstanding debts, such as mortgages, loans, and taxes, from the estate.
- Distributing the estate: The administrator distributes the remaining assets according to intestacy laws, which dictate how property divides among surviving family members.
- Keeping records and accounting: The administrator maintains detailed records of all transactions and provides a final statement to the beneficiaries.
Administrators perform duties similar to executors appointed under a Will. However, the estate distribution follows intestacy laws rather than the provisions of a Will. These rules are complex and depend on the estate’s value, surviving family members, and their relationship with the deceased.
How can a lawyer help?
While you can navigate the process of obtaining letters of administration independently, a lawyer can guide you through the process and interpret intestacy laws for distributing the estate. Legal advice is particularly useful in certain situations:
- Complex estates: Estates with significant assets, multiple beneficiaries, or international holdings can be difficult to manage.
- Uncertainty about entitlements: A lawyer can help clarify who is entitled to inherit and resolve disputes among potential beneficiaries.
- Contested applications: Legal representation can protect your interests if multiple people apply for letters of administration and the court must decide the outcome.
Conclusion
Letters of administration ensure the orderly management and distribution of estates when someone dies without a Will in Western Australia. Understanding the process and responsibilities is essential for anyone in this situation. Seeking advice from a legal professional provides clarity and support during a challenging time.
If you or someone you know wants more information or needs legal help, please call 08 9336 6300 or email [email protected].