Estate administration and probate lawyers

Safewill is the leading provider of Will-writing services in Australia. Their online platform puts all Australians in control of creating their legal Will simply, securely and without hidden fees.

Letters of Administration is an approval granted by the Court, allowing a person to administer the estate of a person who has died without a Will (called "dying intestate"). Letters of Administration allow the Will Administrator to distribute the deceased’s assets according to that rules of intestacy in the relevant state or territory.

In most states and territories, the "next of kin" of the deceased person will have the authority to apply for Letters of Administration. This will usually be that person’s spouse, children or other nearest living relative.

In most cases, without a Grant of Letters of Administration, the deceased’s next of kin will be prevented from accessing and managing the assets of the estate (i.e. bank accounts, share accounts, property and other assets).

Occasionally, the deceased’s next of kin will not require Letters of Administration to access and distribute the estate’s assets, but a Grant is normally required. Letters of Administration may not be required in the following situations:

• All assets owned by the deceased were held as joint tenants (also known as joint proprietors)
• The estate has minimal assets (this depends on the organisation, and is usually considered on a case-by-case basis)
• If there is a Will (if this is the case, a Grant of Probate would be required)

If you are the deceased’s next of kin and are applying for a Grant of Letters of Administration, you should be prepared to take on significant responsibilities in relation to dealing with the estate.

It is the Administrator’s responsibility to administer the estate. If there is more than one eligible next of kin, then all eligible next of kin should apply to be appointed as Administrators. If an eligible next of kin does not wish to apply, they will need to provide their written consent to the other eligible next of kin allowing them to apply without them.

Specifics can vary, depending on the state or territory. Generally, though, an Administrator will be required to:

• Organise and carry out funeral arrangements
• Obtain a death certificate
• Identify all eligible beneficiaries entitled to inherit pursuant to the laws of intestacy the relevant state or territory
• Notify utility providers and financial institutions of the death
• Redirect post and contact financial institutions to put a halt on any direct debits
• Find and contact beneficiaries, and keep them updated on the estate administration process
• Contact financial institutions, service providers and government agencies to validate the deceased’s assets and liabilities
• Create an inventory of the estate including cash, real estate and securities, insurance policies, superannuation, outstanding work entitlements and any personal and household effects
• Keep records of any financial and administrative transactions incurred during the estate administration process
• Provide a distribution report to each beneficiary
• Gather important documents and fill out the paperwork to apply for a Grant of Letters of Administration with the relevant Court
• Pay off any debts, taxes and other expenses incurred for burial or funeral arrangements
• Distribute the remainder of the estate to beneficiaries including paying legacies, establishing testamentary trusts, and bequeathing gifts or donations
• Prepare account and tax information for beneficiaries after Letters of Administration is granted

Probate is the legal approval that is granted to a Will Executor or Administrator, by the Supreme Court probate office. This legal document enables the Executor to access the deceased’s assets and gives them the legal right to deal, manage and distribute deceased estates as directed by the wishes outlined in the Will.

In Australia, Probate is required when executors need to show evidence of their legal authority to deal with the deceased person's estate. A Grant of Probate provides this proof. Asset holders have clearly defined policies regarding when Probate is required.

Safewill offers transparent, fixed fee pricing, supported by quality service.

Applying for Probate is necessary, but the financial burden doesn’t have to be.

Known as dying intestate, this outcome kickstarts a complex and often stressful process that can have a range of challenging consequences. It can leave children with no legal guardian, loved ones with no support, and leave estates vulnerable to family disputes.

Intestacy is the word used when a person dies without leaving a valid Will. 

Passing away interstate generally Will probate processes more complicated and time-consuming. The situation requires a court process of appointing and granting an executor authority to access, manage and transfer assets within the deceased's estate. 

With no Will, the court must determine and approve who this person will be, as well as how the estate will be distributed.

In the case of an intestate estate, this involves a letter of administration by the next of kin to gain authority to distribute assets. 

Until a letter of administration is granted, money, property and the business affairs of the deceased person can be vulnerable, and family disputes can be likely. 

Once probate is granted, all the estate’s liabilities are paid, and all assets of the estate are distributed, your role as Will Executor will end. However, it is important that you keep all documents and information relating to your administration of the estate somewhere safe in case they are ever required again.

A Will can be contested if the deceased didn't leave enough money in their Will to support their dependents, such as a spouse or child, or if someone believes they have been left out of the Will.

Most Will disputes are resolved through negotiation, even if court proceedings are issued.

Maurice Blackburn do not offer Probate services – which is why we have partnered with Safewill. But, if you are contesting a Will, or need to protect yourself against someone else who is contesting a Will, our experienced Will dispute lawyers can be by your side at every step of the process to help you achieve the best possible outcome.