Law

Frequently Asked Questions Related to Letters of Administration

If you or any of your loved ones die intestate, then you will need a Letter of Administration to choose someone to manage and dispense your estate. Now, who is eligible to apply for this Letter of Administration may vary. The court ultimately makes the decision.

If you have any questions regarding Letters of Administration then in this post, we have tried to answer a few of the frequently asked questions on this subject. You can also contact Probate Australia if you have any other questions to ask.

  • In Australia when will you require a Letter of Administration?

You must submit your Letter of Administration in case the deceased died without any will or did not name a certain executor in a lawful will. You may need to file for a certain Letter of Administration in case the named executor is not willing or unable to act.

  • How does it differ from the Grant of Probate?

Any grant of this Letters of Administration accomplishes the same goal as your Grant of Probate. It establishes who has the authority to settle the liabilities of the estate and divides the entire assets of the deceased person.

The distinction between a legitimate Will and a Letters of Administration is – a valid Will permits the will-maker to choose who can administer their estate and also who will receive all their assets.

When someone ever dies without a Will, the Succession Act of New South Wales governs who is going to be the administrator and also how the estate is going to be distributed among the relatives of the deceased.

  • How much time is needed to obtain a Letter of Administration?

To give sufficient notice to any possible creditors/claimants on the estate, the first step in the procedure, posting the online notice of intent application meant for Letters of Administration, requires that two weeks before the administrator will submit their application for this Letters of Administration.

After the application is received, the Grant might take anywhere from 2 to 6 weeks to be given, based on how much busy the Supreme Court is.

  • Will you still need this Letter of Administration if there is a valid will?

A named beneficiary can file for this Letter of Administration along with the will attached if any deceased person has a lawful will but no executor.

It is vital to note that before submitting an application for this Letter of Administration, you must first try to identify and execute the will. You cannot apply while ignoring an existing will because that would be a violation of the wishes of the person as well as the legally binding instrument.

  • How to apply for this Letter of Administration?

Your first step will be to decide whether this Letter of Administration will be the best grant option for your situation. The next stage is to determine who is eligible to submit an application and who will be the best candidate for Letters of Administration.

  • Who can provide us with Letters of Administration?

Only any Supreme Court in Australia only can provide you with the Letters of Administration.

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