Letters of Administration in Victoria: When Someone Dies Without a Will

When are letters of administration needed?

• There is no Will, or the Will that was found is not valid.
• There is a Will but no executor can act (for example the executor has died or renounced). The grant is then called letters of administration with the Will annexed.
• The estate holds assets in the deceased’s sole name, such as real estate, larger bank balances or shares. Property owned as joint tenants passes to the surviving owner without a grant, and banks may release small balances without one.

Who can apply?

The person with the strongest claim to the estate usually applies: normally the surviving partner, otherwise one or more of the children. If the person entitled lives overseas, they can still apply through an Australian lawyer, and other family members can sometimes apply with their consent. In some cases the Court asks for a guarantee before making the grant.

Who inherits when there is no Will?

For deaths in Victoria on or after 1 November 2017, the estate passes as follows:

“Partner” includes a spouse and a domestic partner. Different rules apply where there is more than one partner, and to deaths before November 2017. Other states have their own rules: see our state guides.

The steps

1. Search for a Will: at home, with the deceased’s lawyers and bank, and in any other country where they lived.
2. List the assets and debts, with approximate values.
3. Publish a notice of the intended application on the Supreme Court’s website, at least 14 days before filing.
4. File the application with an affidavit and an inventory of assets and liabilities.
5. Receive the grant, then collect the assets and pay the debts.
6. Wait before distributing: family provision claims can generally be made within six months of the grant, and an administrator who distributes after that period is protected.
7. Distribute to the people entitled and give them a statement of account.

Families with relatives overseas

Intestate estates often involve a parent, brother or sister in China, Malaysia, Hong Kong, Taiwan or elsewhere who is entitled to a share. Proving those relationships usually needs overseas documents with certified translations, and sometimes notarised statements. Our principal is a notary public, and we explain each step to the family in Mandarin or Cantonese.

Common questions

How long does it take?

The Court usually deals with straightforward applications within weeks, but the whole administration, including the six-month waiting period, usually takes many months. We give you an estimated timetable at the start.

What does it cost?

There is a Court filing fee that depends on the value of the estate. Our professional fees are quoted in writing in advance, usually as fixed fees for each stage. See our fees page or ask for a quote.

Can the family agree to divide the estate differently?

Sometimes. Adult beneficiaries can agree to vary their shares, but the agreement needs care, particularly for tax and where any beneficiary is a minor or lives overseas.

Related guides

• Estate planning: Will, power of attorney, medical decisions
• Testamentary trusts
• Superannuation and your Will
• Executor problems and disputes
• Checklist: the first 30 days after a death
• Do I need probate? 2-minute check
• Professional executor & trustee services
• Wills & estates fees

General information only, not legal advice. It is based on Victorian law unless stated otherwise; the rules in other states and territories differ. Your circumstances should be assessed individually.