When someone dies without a Will, usually their closest next-of-kin (for example their spouse, oldest child or oldest sibling) will need to apply to the Supreme Court for permission to ‘administer’ their estate.
This is called applying for a grant of ‘Letters of Administration’.
There are various steps involved in applying for Letters of Administration. These include:
- providing a death certificate;
- providing details of the deceased’s assets and liabilities; and
- proving that the person applying to administer the estate is the closest next-of-kin of the deceased.
Once approved by the Supreme Court, Letters of Administration allow the next-of-kin to ‘administer’ the estate by pay any outstanding debts held by the deceased and then gather all of the deceased’s assets and distribute them according to law and with priority to the deceased’s persons next-of-kin.
If you would like assistance administering a loved one’s estate, please get in touch with us on (03) 5752 1280.
MORGAN COUZENS LEGAL
If you would like to read more about Wills and Probate matters, please read the following blogs:
Answering the most common myth about Wills – “I don’t have enough to make a Will”
