The executor’s journey: What is ‘letters of administration’?

A grant of letters of administration is a legal document issued by the Supreme Court of Western Australia that appoints an administrator to manage the estate of a deceased person who has passed away without a valid will (intestate).

This grant authorises the administrator to:

  • Collect the deceased’s assets.

  • Pay any outstanding debts and taxes.

  • Distribute the remaining estate to the entitled beneficiaries according to the Administration Act 1903 (WA).

Without this grant, financial institutions, government agencies, and other entities are unlikely to release the deceased’s assets.

Who Can Apply for Letters of Administration?

Only entitled beneficiaries of the estate can apply for letters of administration. Entitlement is determined by the Administration Act 1903 (WA), which outlines the hierarchy of beneficiaries under intestacy laws.

In most cases, the court will only appoint an administrator who has a direct entitlement to the estate’s assets. However, in exceptional circumstances—such as when the only entitled beneficiaries are minors—the court may consider appointing someone who is not entitled to inherit, such as a trusted guardian or another suitable person, to act as administrator.

This ensures that the estate is managed in the best interests of the beneficiaries.

Why Do I Need Consents From Entitled Beneficiaries?

Applicants for letters of administration must obtain written consent from all individuals who are equally or more entitled to administer the estate under intestacy laws. This ensures agreement on who should take on this role and helps avoid potential disputes.

What If I Cannot Contact Certain Beneficiaries or Seek Their Consent?

If certain entitled beneficiaries cannot be contacted or do not provide consent, the applicant must demonstrate their efforts to reach them. This may involve:

  • Providing proof of attempted communication (e.g., letters or emails).

  • Requesting the court to dispense with their consent.

Such situations can complicate the application process, and seeking independent legal advice is strongly recommended.

Can the Applicant Seek Professional Assistance?

Yes, administrators are encouraged to seek professional assistance to ensure their responsibilities are carried out correctly. Lawyers, accountants, or financial advisors can assist with:

  • Preparing the application for letters of administration.

  • Managing tax obligations and other financial matters.

  • Ensuring compliance with intestacy laws during the distribution of the estate.

At Estate Essentials, we provide self-customised solutions for preparing letters of administration applications, making the process more accessible and less intimidating.

The Process of Applying for Letters of Administration in Western Australia

Applying for letters of administration involves:

  1. Gathering Documentation: This includes the death certificate, evidence of the deceased’s assets and liabilities, and details of all entitled beneficiaries.

  2. Preparing Court Documents: An affidavit must be included to explain why letters of administration are necessary and why the applicant is the appropriate person to administer the estate.

  3. Lodging the Application: Submit the required documents to the Supreme Court of Western Australia.

How Long Does a Grant of Letters of Administration Take to Issue?

Obtaining a grant of letters of administration typically takes 4–8 weeks. Delays may occur if:

  • The application is incomplete.

  • Additional evidence is requested by the court.

  • Disputes arise among beneficiaries.

Additional Considerations

  • Estate Distribution: Intestacy laws dictate how the estate is distributed. It is rare for an estate to pass to the government; this occurs only if there are no eligible relatives.

  • Dispute Resolution: Disputes among beneficiaries may require mediation or legal intervention.

  • Costs: The administrator is entitled to reimbursement for reasonable expenses incurred during the administration process.

How Estate Essentials Can Help

Estate Essentials provides accessible, cost-effective self-customised letters of administration applications. We aim to simplify the process while empowering you to handle estate administration effectively.

Ready to begin preparing an application for ‘letters of administration’? Click here.

Disclaimer: The information provided in this article is general in nature and does not constitute legal advice. Estate Essentials is not a law firm and does not provide legal services. While we strive to provide accurate and up-to-date information, it may not apply to your specific circumstances or address all potential issues. We strongly recommend consulting an independent legal professional to ensure your estate planning documents meet your unique requirements.