If a person has died without a Will you may need to apply for Letters of Administration to administer the estate. This document will provide the Administrator with authority to deal with the estate. This will generally be required before financial institutions will release any assets from the estate.
The Supreme Court must be satisfied that the person applying is the appropriate person to apply. Priority is given as follows – souse, child, grandchild, parents, siblings, nieces and nephews, grandparents, aunts or uncles, first cousins or any other person.
In order to obtain a grant of Letters of Administration you must do the following:
- Advertise your intention to apply for Letters of Administration. This involves placing an advertisement in the ‘Public Notices’ section of a local newspaper, for example the Courier Mail in Brisbane, as well as in the Queensland Law Reporter;
- Provide a copy of this advertisement to the Public Trustee;
- After fourteen days has passed, file an Application for Letters of Administration in the Supreme Court. You will need to file an affidavit by the executor, and one confirming that the advertising requirements have been met. You will also need to file the original Death Certificate, this will not be returned;
- The court will then issue the grant of Letters of Administration, usually within six to eight weeks of your application being filed.
After you have obtained a grant of Letters of Administration you will be able to undertake the actions required to administer the estate.
To find out more about what is involved in applying for Letters of Administration or for assistance in administering an estate, contact our office on (07) 3343 9522 or (07) 5446 1745 or through our contact us service here.