Letters of administration (without a will)
If a person dies without a valid will, they have died intestate. Therefore, the next of kin, according to the Succession Act 1981 takes on the role of administering 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.
When applying for a grant of letters of administration (intestacy) over the counter or by post, you should provide the documents listed below. Preparing your documents is step 4 in the 5 steps to apply for a grant. The application process is similar to that for a grant of probate, except there will not be a will.
All applications and affidavits must be typed, not handwritten.
Applying for letters of administration (intestacy)
The application process is similar to that for a grant of probate, except there will not be a valid will.
Required documents
Provide:
- Form 102 - Application for Letters of Administration (intestacy)
- Form 109 - Affidavit Supporting Application for Letters of Administration on Intestacy
- Exhibits to be attached to the Form 109 Affidavit Supporting Application for Letters of Administration on Intestacy, include:
- certified copy of the death certificate issued by the Registry of Births, Deaths and Marriages
- exhibit clause on Form 047 - Certificate of exhibit
- Form 104 - Affidavit of Publication and Service
- Exhibits to be attached to the Affidavit of Publication and Service, include:
- Exhibit clause on Form 47 - Certificate of exhibit
Do you need a grant of administration?
You should seek independent legal advice because there are some instances where it is unnecessary.
Who can apply
Several people may believe they have the right to apply for a grant of administration. If you believe you can apply, first rule out any other person claiming a prior right by filing Form 105 - Affidavit (probate application) showing evidence that they abandoned their claim or interest in the will, are incapacitated or have died.