Estate Administration
When a loved one, friend or family member passes away, an executor needs to administer the estate in accordance with the Will, or if there is no Will, somebody needs to be given special authority to distribute everything to surviving family members in accordance with the law.
These special applications are made to the Supreme Court and are described below.
Grant of Probate
Probate means 'prove' and this is what this application is all about - asking the Supreme Court to provide a stamped certificate which proves that the original Will you have is the last valid Will of the person that has died and that you or another person have been correctly appointed as Executor. The Grant of Probate is often required by institutions before they will release assets to you as the executor. An affidavit needs to be lodged with a statement of the deceased's assets and liabilities, the death certificate and the original Will. It's important to note that the Supreme Court will keep the original Will.
Letters of Administration
When your loved one passes away without a Will, all is not lost. Their assets can still be distributed in accordance with the intestacy laws. An application for Letters of Administration must be made to the Supreme Court by somebody to let the Court know that there was no Will and that they are the best person for the job of administering the estate. An affidavit needs to be filed which details all of the people that would stand to inherit from your loved one under the intestacy laws, with a statement of the deceased's assets and liabilities. Consents from any other potential beneficiaries must also be lodged with the application.
FAQs
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A person appointed under a Will who has the role of gathering all the estate assets, and distributing them in the way the Will says. It also includes holding some assets on trust for young beneficiaries under the age they are entitled to receive their inheritance (usually 18 but sometimes 25 or older) or if a beneficiary cannot manage the funds themselves.
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A person appointed by the Supreme Court who has the role of gathering all the estate assets, and distributing them in the way the laws of intestacy say to do so. It also includes holding some assets on trust for young beneficiaries under the age they are entitled to receive their inheritance (usually 18 but sometimes 25 or older) or if a beneficiary cannot manage the funds themselves.
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No need to worry, the Will can still operate but someone else can put up their hand for the job as Executor under an application for Letters of Administration with the Will annexed, but this time they will be called an 'Administrator'.
“I am grateful to both Rod and to Laura. Their genuine empathy and warmth, and their impeccable professionalism are the qualities I needed, and all business is conducted in the client's home.”
— Anne E of Joondalup
