Letters Of Administration
Wills & Estate Planning
newcastle's leading legal experts in wills and estate planning
Letters of Administration is a court order which gives the person to whom administration is granted the responsibility to distribute the deceased’s persons estate. The order also confirms the death of the person whose estate is being administered. Letters of Administration are normally ordered when a person dies without leaving a Will. When someone dies without leaving a Will they are said to have died intestate. It could also be necessary to apply for Letters of Administration when the Will cannot be located or is deemed invalid.
Applying for Letters of Administration can be a complex process. At Burgess Thomson we understand that dealing with a deceased estate can be a very challenging time in your time. We can assist you in applying for Letters of Administration and in administering and distributing the estate.
Arrange a consultation with our specialist Wills & Estates Lawyers in Newcastle.
Do I need to apply for Letters of Administration?
You may need to apply for Letters of Administration if the deceased person owned a house or land or had other significant assets such as bank accounts, shares or superannuation. You may also wish to apply for Letters of Administration if someone else whom you do not trust to administer the estate properly is intending on applying for Letters of Administration.
How long does it take to obtain Letters of Administration?
It usually takes at least eight weeks for Letters of Administration to be granted by the Supreme Court. The time required could differ depending upon the complexity of the estate.
What are the duties of an Administrator?
The duties of an Administrator are the same as the duties of an Executor under a Will. However, an Administrator may not have the same flexibility as an Executor does under a Will. An Administrator must administer the estate promptly and in accordance with the law. They cannot favour a beneficiary over another, particularly themselves if they are also a beneficiary.