Who Can Apply for Letters of Administration in WA?

Losing a loved one is a difficult experience, and managing their property adds another layer of complexity. In Western Australia, this is known as intestacy if a person does without a will. In such cases, the administration collects assets and distributes them to beneficiaries through a letter of administration and probate.

In this blog, we will explain who can apply for such letters. Apart from this, we will also discuss how you can obtain one to secure your loved one’s estate. So, let’s continue reading to understand better.

When do you require such letters?

If someone passes away without leaving a will in Australia, the letter of administration is required to collect, manage or distribute the deceased’s property. The Administration Act 1903 mentions who is entitled to apply for such letters.

Who can apply for such letters?

Someone who can benefit from such authority and is entitled to apply for the deceased person’s property can obtain such letters. Generally, this is the deceased person’s spouse or child. If they do not have a spouse or a child, their siblings or parents can apply for the letter of administration. If no such relatives are present, an extended or distant family member can ask for such authority. If you want to apply for such letters, the probate lawyers Perth can help you.

Are there any circumstances where such letters can be avoided?

You do not have to make an application if:

• The deceased had a property as a joint tenant with another individual.
• If the deceased person owned assets jointly with another individual.
• If they had few possessions in their lifetime.
• Or if they had ownership of only a vehicle. In this case, you can contact the Department of Transport to check whether you can transfer the car’s license without applying for these letters.

How to apply?

The process of applying for a letter of administration can be explained in the steps mentioned below:

• Obtaining the original death certificate of the executor.
• Determining the location and the value of the asset.
• Preparing the necessary court documents
• Applying to the Supreme Court
• Responding to requisition notice in the court

Application for these letters must be made by complying with the requirements of the Rules of the Supreme Court 1971 and the Non-contentious Probate Rules 1967.

What documents are necessary for the application?

You will need the following documents to apply for a letter of administration:

• Motion
• An affidavit
• A statement of assets and liabilities
• A letter of consent and sureties

Do I need a letter of consent?

Sometimes, more than one person can apply for these letters. In such situations, if the people entitled to apply are not applying for the same, they must provide a letter of consent.

Who can help me in obtaining such letters?

There are a few professionals that can help you to obtain the grant:

• The best probate lawyer in Perth can act on your behalf.
• Or you can allow a trustee company to act as an administrator or executor.
• If you are eligible, you can also seek help from the probate office to prepare your application.
• You can also prepare the application on your own without anyone’s guidance.

What will happen if there are issues with my application?

The Supreme Court of WA will send you a notice about your application. You can send a requisition to amend the issue and clarify or confirm the documents provided. Besides these, you can check for other factors until the application is satisfactory.

What can I do once I have obtained the letter?

According to the laws of intestacy, these letters have allowed you the same authority the executor had. You can access, manage and distribute the deceased properties to whoever is necessary. Moreover, you can handle the executor’s financial matters and debts.

Key takeaways

When applying for letters of administration, it is imperative to know who can apply, what the eligibility is, and when to apply. It can be difficult to complete the application independently and select the right probate grant for your situation.

The Probate Lawyers Perth WA, are here to assist you in applying for a letter of administration. They will support you with anything you require to administer your late loved one’s property.