If your relative has died leaving assets but without a valid Will or with a Will that doesn’t have an executor – perhaps the executor renounced Probate, is unable to execute the Will or an executor wasn’t nominated in the Will – then we say the decedent has died ‘intestate’.
The Supreme Court must now appoint an Administrator to handle the assets of the estate, file and pay taxes, address creditors’ claims and distribute funds and assets according to the law governing how estates are distributed.
Only a person who has obtained a Grant of Letters of Administration in Perth can carry out these tasks.
If you are granted a Letter of Administration, it will nominate you as Administrator. The letter also instructs the asset holder (such as the bank) to release and transfer any assets into your name. This makes it easier for you to fulfil your duties.
When to make an application
In some situations you don’t have to apply for a Letter of Administration. But we do recommend consulting a lawyer first, especially if the deceased was one of the co-owners of their property or had been involved in court proceedings before their death.
You also would need to discuss with a lawyer if you have been requested by their banks and the insurance and superannuation companies. Your administration lawyer at Mountains Lawyers will write and submit your Application for Letters of Administration on your behalf and include any required papers that protect you from any claims of creditors.
Call Mountains Lawyers on 9592 7326 for more information on applying for a Letter of Administration.