What is Letters of Administration?

A Grant of Letters of Administration is a document issued by the Court authorising a person to administer the estate of person who died intestate (without leaving a valid Will). The Grant authorises the person (known as the administrator) to administer the estate by collecting the assets, paying liabilities and distributing the estate in accordance with the laws of intestacy.

When is Letters of Administration needed?

Letters of Administration is needed when someone dies without a valid Will and the estate holds assets that will not be released without a grant. The same triggers apply as for probate, being land held in the deceased’s sole name or as a tenant in common, plus bank accounts holding more than about $100,000. Where there is a Will but no executor able or willing to act, the grant is administration with the Will annexed instead. Our guide to Letters of Administration covers who can apply.

Who can apply for Letters of Administration?

Any one or more of the adult beneficiaries of the estate (as set out in the Administration Act 1903 (WA)) can apply for a grant of Letters of Administration of an intestate estate. The applicant must seek written consent from any adult beneficiary of the estate. If there is no adult beneficiary who is able to apply, another person may be entitled. Book a consultation for advice about your specific circumstances.

Are there any additional charges?

Our advertised fees are for straightforward applications. They don’t include the Supreme Court of Western Australia filing fee which is $418. If your application is not straightforward or if you require additional legal advice or assistance we will give you a quote for our services.

How long does it take to receive the Grant?

In our experience the Supreme Court of Western Australia takes 6 to 8 weeks to review your application and issue a Grant.

What do I need to bring to the consultation?

Please bring the documents and information listed on the relevant checklist. Probate checklist Letters of Administration checklist Reseal checklist

What information is required about the estate's assets and liabilities?

An applicant for a grant of Letters of Administration must provide a statement of the deceased’s assets and liabilities as at the date of their death. The statement must include all real estate in Western Australia and all movable property and debts, whether in Western Australia or elsewhere. Any property the deceased owned as a joint tenant with another person who survived them does not form part of their estate, rather it passes to the surviving joint tenant by survivorship. Download our checklist to help you collate the information you need.

Can I recoup my legal costs from the estate?

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.

What happens after Letters of Administration is granted?

The administrator can then collect the assets, pay the debts and distribute what is left according to the intestacy rules. Our guide to the Administration Act 1903 (WA) sets out an administrator’s duties.

Who inherits when there is no Will?

The estate is divided under a table in the Administration Act 1903 (WA), which sets out a statutory formula for dividing the estate between surviving family members. The full order and the current figures are in our guide to the rules of intestacy in Western Australia.

Letters of Administration in WA | Perth Probate Centre

When there’s no Will, we bring clarity and direction.

When someone dies without a Will, it’s called dying intestate. In this case, a Grant of Probate isn’t possible. Instead, someone close to the deceased must apply for Letters of Administration to manage the estate and the assets will be divided among surviving family members.

If this sounds complicated, it can be – but that’s where we come in.

At Perth Probate Centre, we help grieving families through the legal process of intestacy. We’ll help you work out if you can apply, what the next steps are, and how to get it done as smoothly and quickly as possible.

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You don’t need to figure this out alone. We’re here to explain the legal process, take care of the details, and ease the pressure when it matters most.