Letters of Administration Advice Perth
If you need advice or legal assistance with a Letters of Administration issue in Perth, offering legal advice and representation throughout Western Australia.
A Letters of Administration is a legal document issued by a court that appoints an individual to administer the estate of someone who has died without leaving a will. The person appointed is known as an Administrator or Personal Representative. In order to produce this document, the potential administrator must file a petition with the probate court in the county where the deceased lived at the time of his/her death.
The petition must include information about any assets and debts owed by the estate, as well as details about any heirs or beneficiaries who may be entitled to receive some portion of it.
Once approved by the court, they will issue a Letters of Administration which grants authority to proceed with settling and distributing all remaining assets according to state law.
Letters of Administration help and information
What is a grant of letters of administration?
A grant of letters of administration in Western Australia is a legal document that gives the recipient the authority to administer the estate of someone who has died without leaving a will. Probate is the process of proving the validity of a will, and administering an estate typically involves tasks such as inventorying assets, paying debts and taxes, and distributing the remaining property to the beneficiaries. The grant of letters of administration provides evidence of the recipient’s authority to perform these tasks. If there is a will, the executor named in the will typically obtains a grant of probate. However, if there is no will, or if the named executor is unable or unwilling to serve, someone else may apply for a grant of letters of administration. In either case, the court must be satisfied that the person seeking the grant is qualified to administer the estate before issuing the document.
When do I need to re-seal a grant of probate or letters of administration?
When a person dies, they may leave substantial assets in various jurisdictions, interstate and overseas. These assets can include property, shares, money in a bank, digital assets (such as crypto currency) Administering those assets may become problematic as the grant is limited to the authorising jurisdiction and does not have universal authority to administer those assets. If those assets are located within Australia or in any portion of Her Majesty’s dominions an application may be made to reseal the grant and deal with the assets in Western Australia. If the grant falls outside of one of Her Majesty’s dominions a new application is required in that jurisdiction.
The procedures involved in resealing foreign grants can be complex and may require the services of translators, affidavits of law from a practising Western Australia lawyer or the services of a law practice in the foreign jurisdiction to make an originating application as an attorney for the client.