Letters of Administration for a Deceased Estate
Wills & Estate Planning
Lost or Invalid Will? Or No Will at All?
Letters of Administration are a court order that gives a person the legal responsibility to distribute a deceased’s persons estate. The order also confirms the death of the person whose estate is being administered. The Administrator is usually the person entitled to the estate, such as a spouse, dependant, or next of kin.
Administering an estate after a loved one has died can be a stressful and complex process. Our expert wills and estate administration lawyers in Newcastle are here to help guide you through the process.
When are Letters of Administration Necessary?
Intestacy
One of the most common scenarios necessitating Letters of Administration is when a person dies without leaving behind a will. This condition is legally termed as ‘intestate’. It means that there are no pre-defined instructions about how the deceased’s estate should be divided and distributed, which can often lead to complications.
Lost or Invalid Will
Even if a will was created during the deceased’s lifetime, situations might arise where the will is either missing, untraceable, or declared invalid due to various reasons. Under such circumstances, the Letters of Administration become imperative to legally manage and distribute the deceased estate.
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How We Can Help with Letters of Administration
At Burgess Thomson, we recognise the profound weight of responsibility that comes with managing a deceased estate, especially during such emotionally testing times. Our commitment is two-fold:
Guidance and Application: Navigating through the legal maze of applying for Letters of Administration can be daunting. Our team of experienced professionals will guide you meticulously through every step, ensuring that the application process is as smooth and stress-free as possible.
Estate Administration and Distribution: Beyond just the application, the actual task of deceased estate administration requires keen understanding and sensitivity. We offer comprehensive legal support in both administering and judiciously distributing the estate in accordance with Australian laws.
Why Choose Burgess Thomson?
Experience: With years of service in the Australian legal landscape, Burgess Thomson has honed its expertise in managing the intricacies of deceased estate administration. Our vast experience ensures that we foresee potential challenges and address them proactively.
Compassion and Understanding: We are more than just a legal firm. We understand the emotional challenges our clients face during these times. Every member of our team is trained to approach matters with utmost compassion, ensuring you feel supported at every turn.
Unparalleled Expertise: Our dedication to keeping updated with the ever-evolving Australian laws ensures that we bring the best legal strategies and solutions to the table.
Transparent Communication: We believe in keeping our clients informed at every stage, ensuring clarity and understanding. With Burgess Thomson, you’re always in the loop.
Contact us or request a quote to learn more about how our skilled wills and estate lawyers in Newcastle can help with letters of administration.
FAQ
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.
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.
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.
