Letters of Administration is a grant made by the Supreme Court of Western Australia that gives you legal authority to deal with the estate of someone who died without a valid Will. The grant proves your authority to banks, share registries and Landgate, which registers land titles in Western Australia, so that you can collect assets, pay debts and distribute what’s left.
What does a grant of Letters of Administration do?
A grant of Letters of Administration appoints you as administrator of the estate and gives you the authority over the assets that an executor would get under a Grant of Probate, which is the equivalent grant if there’s a Will. Until the grant issues, nobody can close the deceased person’s bank accounts, sell their house or transfer their shares, because there’s no Will naming anyone to do it.
The Court will make the grant if it’s satisfied that:
- the deceased died without leaving a valid Will;
- you’re entitled to share in the estate under the Administration Act 1903 (WA) or you fall within the wider class the Act allows;
- every other person entitled has consented in writing or has been served with notice of your application; and
- you’ve sworn to the value of the assets and liabilities of the deceased as at the date of death.
Not every estate needs a grant at all. See Do you need a grant?
Who can apply for Letters of Administration in Western Australia?
Section 25 of the Administration Act 1903 (WA) allows the Court to grant administration to one or more of the people entitled in distribution to the estate of the intestate and, failing them, to any other person, if certain conditions are met. The people entitled in distribution are the relatives who inherit under the Act if there’s no valid Will. The intestate is the person who died without one.
Western Australia has no statutory order of priority. The Act doesn’t rank a surviving spouse ahead of the children or the children ahead of the parents. The practical question is which of the people entitled is willing to apply and whether the others will agree.
As to the people entitled to the estate, see What are the rules of intestacy in Western Australia?
What consents do you need from the others entitled?
You need the written consent of every other adult entitled to share in the estate or proof for the Court that you’ve served each of them with notice of your intention to apply. If someone entitled is a child or an adult who lacks capacity, they can’t give you a consent. The Court may request that you provide a surety guarantee, which is a promise from someone else to cover any loss to the estate if you get the administration wrong.
When does the Court require a surety guarantee?
The Registrar, the Supreme Court officer who deals with grant applications, can require a surety guarantee before the grant issues. It may be required where:
- the grant is for the use and benefit of another person or the grant is otherwise limited;
- the applicant is resident elsewhere than in Western Australia;
- a beneficiary is not of full age or capacity; and
- a beneficiary is not resident in Western Australia and has no agent or attorney there.
See What is a surety guarantee?
What is the sworn statement of assets and liabilities?
The statement of assets and liabilities is a sworn account of what the deceased owned and owed as at the date of death. Sworn means you sign it in front of an authorised witness and swear that it’s true. It forms part of your application.
Which grant do you need?
The grant you apply for depends on whether there’s a valid Will and on whether an executor is able to act.
| Situation | Grant you apply for |
|---|---|
| No valid Will | Letters of Administration |
| Valid Will and an executor able and willing to act | Probate |
| Valid Will with no executor appointed | Letters of Administration with the Will Annexed |
| Valid Will but the executor is unwilling, incompetent or resident out of Western Australia | Letters of Administration with the Will Annexed |
| Grant already made in another of His Majesty’s dominions | Reseal of the existing grant, so it works here without a fresh application |
Frequently asked questions
Can two people apply for Letters of Administration together?
Yes. Section 25 allows a grant to one or more of the people entitled in distribution, so two adult children can apply as co-administrators, for example.
How soon after the death can you apply?
The earliest an application can be made is 14 days after the date of death.
Does a de facto partner count as a person entitled?
Yes, but they need to prove their relationship to the satisfaction of the Court.
Do you need a grant for every estate?
No. It depends on what the deceased owned and on what each institution requires. The major banks generally require a grant above $100,000 and each reserves a discretion below that. Land in Western Australia can’t be transferred until the grant has been made, because a transmission application, the Landgate application that moves the title out of the deceased’s name, can’t be lodged before then.
We can prepare your Letters of Administration application
We prepare and lodge Letters of Administration applications in the Supreme Court of Western Australia and help you with the estate administration that follows.
Call us on (08) 9220 4490. Our current prices are published on our Letters of Administration service page.
Related: Letters of Administration with the Will Annexed
This article is general information about the law in Western Australia and isn’t legal advice. Your circumstances may turn on facts this article doesn’t deal with, so please get advice on your own estate.
