When someone dies without a valid Will, they die intestate — and two things people assume are wrong: the estate does not "go to the government" (except in the rare case of no eligible relatives at all), and the family does not get to decide who inherits. The law decides both who administers the estate and who receives it.
What Are Letters of Administration?
Letters of Administration are the Supreme Court's grant of authority to administer an intestate estate — the equivalent of probate where there is no Will. The person appointed is called the administrator, and their duties mirror an executor's duties: collect the assets, pay the debts, and distribute the estate.
Who Can Apply?
Generally the person with the greatest entitlement in the estate — usually the spouse or de facto partner, then children, then other next of kin in order. Where several people are equally entitled, they can apply jointly or agree who applies.
Who Inherits Under the Intestacy Rules?
The Succession Act 2006 sets a strict order. In broad terms:
- Spouse, no children (or children of that spouse): the spouse takes the whole estate
- Spouse plus children from another relationship: the estate is divided between the spouse and those children under a statutory formula
- No spouse: children take equally; if none, then parents, then siblings, and so on through the family tree
- No eligible relatives at all: only then does the estate pass to the State
The formula frequently produces results the deceased would never have chosen — long-term partners can face proof issues, stepchildren generally do not inherit, and close friends and carers receive nothing. It is the strongest argument there is for making a Will.
What About a Will That Doesn't Cover Everything — or Names No Available Executor?
Hybrid grants exist: Letters of Administration with the Will annexed are made where there is a valid Will but no executor able or willing to act. The Will still governs who inherits; the court simply appoints an appropriate administrator to carry it out.
How Long Does It Take?
Applications for Letters of Administration require additional evidence (of the family tree and searches for a Will), and the Supreme Court currently takes somewhat longer to assess them than routine probate — typically around 4 to 5 weeks from filing, plus preparation time. See our guide to current processing times.
Lost someone who left no Will?
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General information only, not legal advice.
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