Letters of Administration
With or Without a Will
Where the deceased has died and there is not a Will, the grant by the Court – if required – is called “Letters of Administration”.
When a person is appointed an executor in a will, the appointment only takes effect after death. A Court Grant is a formal recognition of that person’s right to administer the estate and that person’s authority to deal with the deceased’s property.
There are costs involved in an application, including: advertising of the application in a newspaper, Court lodgement fees and legal costs.
The major cost, however, is the actual finalisation after the Grant by the Court or “administration” of the Estate. This is the closing of banks accounts, transferring shares and real estate, motor vehicle ownership, lodging tax returns and transfer of property for example.
Although many persons find the administration of a deceased estate distressing, the process is not very difficult and need not be expensive.
The process of obtaining “Letters of Administration” and the finalising of a deceased’s estate is much the same as the application for Probate, but the Court’s forms differ.