Letters of Administration North Fremantle

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

Name(Required)

Applying for Letters of Administration North Fremantle

When family member or loved one dies, one of the first things that you need to find out is whether they left a Will. If they left a Will, then the person they chose as their executor can make an application for probate to allow them to carry out the deceased’s final wishes. If the person died without leaving a Will, then an application for Letters of Administration is made. It’s a complicated process, and we strongly advise that you get advice from a lawyer so that you know what needs to be done, and when.

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 North Fremantle

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.

Other Local Service Providers to North Fremantle

Cicero Legal

Family Lawyers that understand the stress that Family Law can bring.

Clairs Keeley

Perth Family lawyers that focus in mediation services for families and couples.

Perth Legal Property

Selling your Estate? A settlement agent experienced in deceased and challenged Estates is recommended.

Universal Plumbers

Make sure that your Estate is up to code with it's plumbing before moving in or selling.

Perth Garden Rescue

If your Estate needs grooming before sale then contact Perth Garden Rescue to get it in order.

Perth Ultimate Cleaners

If you are planning to sell a deceased estate, get a professional clean done on the property to assist in a smooth sale process.
Note: North Fremantle is part of City of Fremantle
Scroll to Top