Letters of Administration – When a person dies without a Will
When someone dies intestate, without a Will, the family have to apply for Letters of Administration of the estate.
The family nominates someone to act as Administrator. At Guardian Wills and Probate, Consents are prepared for all beneficiaries to give approval for the nominated person to act as Administrator, and also de facto declarations are prepared for each beneficiary to sign stating that the deceased was or was not in a de facto relationship.
Once Letters of Administration along with the Consents and de facto declarations are prepared lodged and approved by the Supreme Court the same procedures is then undertaken as with a Grant of Probate. Please call 0400 451 786 for a quote if you require Letters of Administration or an obligation free call to discuss the estate.
Letters of Administration
CASE 1:
Muriel was a widow and had no children. She died without making a Will. Her nearest relatives were her ten nieces and nephews as her brothers and sisters had also predeceased her.
Some family members contacted Guardian Wills and Probate for help.
The names addresses phone numbers, and email addresses of each beneficiary were provided. The cousins had already discussed which family member they wanted to be the Administrator of the Estate.
Muriel’s niece Sue was nominated as Administrator, and the remaining nine nieces and nephews had to have prepared, signed and returned to us nine De Facto Declarations and nine Consents which were lodged along with the Application for Letters of Administration.
While waiting for the Letters of Administration from the Supreme Court the conveyancing was prepared but could not be presented until approval was granted as the Letters of Administration had to be physically shown to Landgate when lodging the conveyancing therefore allowing the Certificate of Title to then read Susan Flynn as Administrator of the Estate of Muriel Brown, thereby making the property ready for sale and transfer.
We had contacted the bank to arrange transfer of money to deceased estate bank account, we sold Muriel’s shares after the proper documentation was prepared and the Administrator signed off on them and arranged for money to be forwarded to estate bank account, the house sold and the monies again were also transferred to the deceased estate bank account. Guardian Wills and Probate prepared a statement of receipts and disbursements and the Administrator of the estate had cheques drawn for each beneficiary.