When do you need letters of administration in Victoria? 

When someone passes away without a valid Will, the legal process for distributing their estate becomes more complex. In Victoria, typically a close relative or partner applies to the Supreme Court for letters of administration in order to be legally recognised as the estate’s administrator. This document grants the authority to manage and distribute the deceased’s assets in accordance with Victorian law. 

At Whyte Just & Moore, our experienced Wills & Estates lawyers regularly assist clients with navigating the letters of administration process or probate process. 

What’s the difference between letters of administration and probate? 

The primary distinction lies in whether the deceased person left a valid Will. 

• Probate is granted when a valid Will exists. The named executor applies to the Supreme Court for legal authority to carry out the terms of the Will. 
• Letters of administration are required when there is no valid Will. In this case, a relative (usually a spouse, partner, or adult child) applies to the court to be appointed as administrator. 

In some cases, a Will may exist, but the named executor is unable or unwilling to act. If so, the court may grant letters of administration with the Will annexed, allowing another suitable person to administer the estate. 

Our team at Whyte Just & Moore can help determine which path is appropriate in your circumstances. 

Who can apply for letters of administration? 

The Supreme Court typically gives priority to the deceased’s spouse, domestic partner, or adult children. The applicant must demonstrate their eligibility and provide certain documentation, including: 

• A certified copy of the death certificate 
• An inventory of the deceased’s assets and liabilities 
• Proof that notice of intention to apply has been published online (required at least 14 days before filing the application) 

Our Wills & Estates lawyers can assist in preparing and lodging the necessary documents and ensure the process is handled correctly and efficiently.

Supporting you through the estate administration journey 

Dealing with the loss of a loved one is difficult enough without the added stress of navigating complex legal processes. Our Geelong-based lawyers at Whyte Just & Moore provide practical, compassionate guidance throughout the estate administration journey.  

Request an appointment online with our Wills & Estates legal team at www.whytejustmoore.com.au/make-an-appointment or call (03) 5222 2077.