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Estate Administration

Letters of Administration

Also known as: Grant of Letters of Administration

A court order authorising an administrator to manage a deceased estate where there is no valid Will or no available executor.

What it means

Letters of Administration are the intestacy equivalent of a Grant of Probate. The Supreme Court issues them to confirm an administrator's legal authority to deal with a deceased estate. Banks, share registries and land titles offices generally require this grant before they will release or transfer significant assets. A variant, "Letters of Administration with the Will annexed", is used where there is a Will but no executor able to act.

How it's used

An application is made to the Supreme Court of the relevant state or territory, supported by an inventory of assets and proof of the applicant's entitlement. Example: "The bank refused to release the $300,000 term deposit until the widow obtained Letters of Administration from the Supreme Court of New South Wales." Each state sets its own forms, fees and advertising requirements.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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