Letters of administration (without a will)
If a person dies without a valid will, there is no executor. Therefore, the next of kin, such as a spouse, takes on the role of administrating the deceased’s estate.
They can’t do this until they receive a grant of letters of administration on intestacy.
Letters of administration show that the court has examined the relevant documents and is satisfied that the person named in the grant is authorised to administer the estate.
Note: If there is no will, the assets go to the next of kin according to schedule in the Succession Act 1981, which recognises de facto relationships of five years in this situation.
Applying for letters of administration (intestacy)
The application process is similar to that for a grant of probate, except a will doesn’t need to be provided.
You must provide the following documents in your application.
You may need to provide additional information in some cases by filing further affidavit material. All applications must be typed, not handwritten.
Note: Follow the five steps to applying for letters of administration (with a will).
- affidavit in support
- original death certificate
- exhibit clause on Form 047 - Certificate of exhibit (DOC, 38KB)
- affidavit of publication and service
** Merge as one document.