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Apply for Letters of Administration in Melbourne

What is a letter of administration?

A grant of Letters of Administration is a document provided by the Supreme Court of Victoria which grants authority to the administrator to deal with the estate of a deceased person who didn’t leave a will behind (or has no valid will). On the grounds of this document, assets or properties are further distributed. This distribution may also involve settling the deceased’s debts. At Daniel Lawyers & Associates, we help apply for a Letter of Administration for clients who lost their loved ones who didn’t leave a will.
At our firm, our lawyers are aware of the mandates provided under Victorian legislation (specifically, the Administration and Probate Act 1958 (Vic)). This act provides an ‘order’ of relatives based on importance to the deceased who are entitled to inherit the estate. Therefore, it is vital to identify the closest next-to-kin of the deceased.

This order is summarised as follows:

  • Spouse/domestic partner
  • Children. It may include adopted children
  • Grandchildren
  • Parents
  • Died
  • Siblings – This includes nieces and nephews if their parent (being the deceased’s sibling) has died
  • Grandparents
  • Nieces and nephews, aunts and uncles, great-grandparents
  • More remote next of kin

Essentially, the purpose of this ‘order’ is to carefully consider each category one by one to determine if the deceased had any relatives that fit the description. Once the deceased’s next of kin have been successfully identified by the above process, Victorian legislation also sets out to determine precisely what percentage of the estate these relatives are entitled to.

The list above is merely a summary of the intestacy and succession processes in Victoria. Hence, this should not be taken as legal advice. At Daniel Lawyers & Associates, our lawyers understand that this specific area of the law is somewhat complicated as well as multi-layered. Therefore, our lawyers help clients who seek professional legal advice to navigate their rights to an intestate estate.

Furthermore, it is imperative to know that one must apply for a Letter of Administration within three months after the death of the loved one. Additionally, under the laws, it is generally only the person/s entitled to receive all or a part of the deceased’s estate who can apply for a grant of Letters of Administration. Two or more eligible people can apply jointly as well to obtain a grant of Letters of Administration.

Process of application of Letter of Administration:

  • Look for the deceased’s will
  • Obtain Death certificate
  • Decide on who should apply
  • Publish a Notice of intention
  • Fill out the application.
  • Submit the application (This must be done after waiting at least 14 days from the date on which the notice of intention was published)

As a firm at Daniel Lawyers & Associates, we understand that applying for Letters of Administration in Victoria can be complicated. The process can get complex with searches to conduct, forms to complete, and legislation to interpret. Sometimes, undertaking the process without adequate experience or advice can lead to errors in determining rightful entitlement and even failures in satisfying court requirements. This can in turn add more stress to an already stressful situation. Therefore, professional advice is essential for ensuring that an application is made both correctly and efficiently.
We ensure that our clients receive practical advice at reasonable rates. We seek to ensure that our clients are provided with a fixed quote before we commence any work. Get in touch with us on (03) 9687 3211 for a free 30-minute phone consultation or email us at enquiries@daniellawyers.com.au.

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Joanne is very diligent in making sure all legal aspects are fully satisfied. Easy to do business with. Happy with the probate support she provided.
Wes Kosior
Wes Kosior
2021-07-07
I am very happy with the service provided to my business. Daniel Lawyers & Associates went out of their way to ensure all transactions fulfil with care. Highly recommend Daniel Lawyers Service to anyone/business. Thank you so much Sinan and the friendly team.
PASEFIKA Link
PASEFIKA Link
2021-05-31
I have had a very good discussion with Sinan who explained absolutely everything is great detail. I have obtained all that I need to decide on how to proceed going forward. He's very nice and courteous and a good listener. Totally enjoyable session and I have no issues getting his service again if need be in the future. Regards, Khanh
khanh tran
khanh tran
2020-12-08
Thank you very much It was a pleasure dealing with Danial lawyers (Sinan Daniel)
rasha suliman
rasha suliman
2020-08-25
Joanne is one of the most polite, caring and understanding legal professionals I have ever had the pleasure of dealing with. She turned what looked like a non-winnable case into a successful case. I found her amazing, understanding and very considerate to the circumstances that had occurred. I would recommend her to anyone without a second thought. My sincere thanks Joanne.
Marie Paget
Marie Paget
2020-06-25
Thankfully we have had very little dealings with lawyers so really wasn’t sure what to expect when engaging Joanne and her team to assist us with probate and the sale of our estate. I sent out several web enquiries and Joanne was only one of a very few that responded. So without hesitation we engaged the practise. Joanne is incredibly efficient with most emails literally getting answered within 30 seconds. She answers all queries with consummate professionalism and at no point have we been left wondering how things work during this very arduous process. Sometimes if we had forgotten to sign a form she would even send a staff member over to home to get us to sign. We have both been overwhelmed at her service and also the fees which are so much less then the bigger firms. We would recommend her and her team in a heartbeat.
Jas P
Jas P
2019-03-27
Joanne was a very professional throughout my legal process and she was very confident when she was giving me the legal advise. I'm very satisfied customer and i wish Joanne very best in her business and her family.
kice markovski
kice markovski
2018-05-11