Letters of Administration Cooloongup
Navigating the complexities of probate law can be challenging, especially during times of grief. At Perth Probate Lawyer, we are here to provide expert guidance and compassionate support to help you through the probate process.
Tell Us How Can We Assist
Applying for Letters of Administration Cooloongup
Who Is Eligible To Apply For A Letter Of Administration?
Typically, the court grants a Letter of Administration to the closest relative of the deceased who volunteers to assume the role, usually the spouse, de facto partner, or an adult child of the deceased.
Anyone applying for the grant must obtain the written consent of every adult beneficiary of the estate or provide evidence to the court that the applicant has served notice of their intention to apply to each beneficiary.
If no beneficiary is willing or able to apply for the grant, any other suitable person may apply; if the estate has debts, even a creditor can apply for the role. If any of the beneficiaries are under the age of eighteen, the court may require a surety guarantee. In cases where no better alternative exists, the court may appoint the Public Trustee to administer the estate.
How to Apply for Letter of Administration Cooloongup
In Western Australia, there is no requirement to publish a Notice of Intention to Apply. However, a prospective administrator must wait 14 days after the death before applying for a Letter of Administration. An application for a Letter of Administration consists of several documents, including:
- A motion for a Letter of Administration
- Affidavit of the administrator
- Statement of Assets and Liabilities
- The will, if one exists
- Original death certificate
Common FAQ about Letters of Administration
An application for Letters of Administration is an application made if a person has died without a Will.
Someone entitled to benefit from the deceased person’s estate applies for Letters of Administration. This is usually the deceased’s spouse or child; or, if they didn’t have a spouse or child, their parents or siblings. If none of these people exist, another extended family member can apply. Who can make the application is determined by the Administration Act 1903 (WA). The person appointed is referred to as the administrator.
Sometimes there is more than one person who is entitled to apply for Letters of Administration or Letters of Administration with Will annexed. In this case, all of those people who are entitled to make the application, but aren’t applying, must each provide letters of consent.
Apply to the Probate Office of the Supreme Court of Western Australia, located on the 11th Floor of 28 Barrack Street, Perth.
Yes, they are different. Letters of Administration with Will annexed are only made if there is no executor to make an application, that is if there is a will but the will-maker didn’t appoint an executor or the only executor named in the Will is deceased, unable, or unwilling to act.
You do not need to apply for Letters of Administration if the deceased:
- Owned property or land jointly with another person as a joint tenant.
- Held assets jointly with someone else, such as bank accounts or shares.
- Had very few personal possessions.
- Owned only a vehicle as personal property; in this case, you should contact the Department of Transport to determine if the vehicle licence can be transferred without applying for Letters of Administration.
Additionally, if the funds in the deceased’s bank account are below the prescribed amount specified in Section 139 of the Administration Act 1903 (WA), they can be paid directly to the deceased person’s spouse or next of kin. Please note that this prescribed amount may change over time.
There are also certain situations where an application for Letters of Administration may not be necessary even if the deceased had bank accounts, shares, or superannuation funds solely in their name. In these cases, it is recommended to seek legal advice to determine whether applying for Letters of Administration is required.
For comprehensive assistance with probate matters, contact Perth Probate Lawyer. Our experienced team is here to guide you through every step of the process.