Letters of administration
Updated 20 August 2026 · 7 minute read
Around 40% of Australians die without a valid will. When that happens, nobody has automatic authority over the estate — so the Supreme Court appoints an administrator through a grant of letters of administration. Same job as probate, different door in.
Who can apply — the priority order
Priority mirrors who inherits under intestacy rules, broadly the same nationwide:
Spouse or de facto partner
The surviving partner has first right to apply in every state.
Adult children
Where there's no partner, or the partner can't act. Children can apply jointly — grants are generally capped at four administrators.
Parents, then siblings, then other next of kin
Following the order in which they'd share the estate.
A creditor or the Public Trustee
If nobody entitled applies, the court can appoint a creditor or the state's Public Trustee.
Where several people rank equally — three adult children, say — the others usually sign consents or renunciations so one can apply. If family genuinely can't agree, the court decides; get advice early rather than racing each other to file.
How the application works
The process tracks probate in your state — same registry, same fees, same notice requirements — with extra affidavit work: evidence of the relationship (marriage/birth certificates), evidence of searches proving no will exists, and consents from others of equal priority. Allow an extra week or two compared with probate.
Distribution timing matters more in no-will estates: family provision claims can be brought by a wider circle of people. Check the claim window in your state before distributing — time limits here.
State specifics, including fees: NSW · VIC · QLD · WA — other states follow the same pattern via their state pages.
Who inherits
Not the administrator's choice — intestacy rules fix the shares. A surviving partner generally takes everything unless the deceased had children from another relationship, in which case the partner takes a statutory amount plus part of the balance. The full state-by-state rules are in dying without a will.
Get fixed-fee help with administration
No-will estates involve more affidavit work than probate, and mistakes restart the clock. Fixed-fee quotes, no obligation.
Get fixed-fee probate quotesCommon questions
Do we need a grant at all?
Same test as probate — it depends on the assets. Small accounts are released without a grant; solely-owned real estate always needs one. Run the checker.
The deceased had a will but it's invalid — probate or administration?
If the court can't accept the will, the estate is intestate and administration applies. Partial invalidity can produce a mix — this is genuine legal-advice territory.
Can the administrator be paid?
Administrators, like executors, can claim commission from the estate with the court's approval or the beneficiaries' consent — but can't just help themselves.
Sources
- State administration acts and Supreme Court rules
- Hall & Wilcox — letters of administration in Australia
- Go To Court — intestacy and administration