This is the formal process of applying to the Court (where there is no Will) to have an Administrator appointed to administer the estate. If the deceased left a Will, the process differs. The Executor will need to apply for Probate of the estate. Refer to this page for more information.
Who can apply to be appointed as Administrator of the estate?
This will depend upon the particular circumstances. A person with a beneficial entitlement to the estate will most often be appointed but who this will be and whose consent may be required can be complex. Our team are familiar in navigating these rules and can give you the right advice based on the circumstances.
Who is beneficially entitled to a share in the estate?
If someone passes away intestate, who is to receive what depends upon the family members that survive the deceased. For example, if the deceased died with a spouse and children their estate will be distributed differently to somebody who had no children and was survived only by their spouse. Everyone’s circumstances are different. It is important to get the right advice for you.
What does the process involve?
Contact our team of experts and we can talk you through the legal requirements.
The process of applying for Letters of Administration is largely like applying for Probate when somebody dies with a Will. There are specific documents that need to be prepared, signed and filed in the High Court. However extra steps need to be taken including publishing an advertisement to other law firms to check the deceased did not have a Will and undertaking a paternity search for the deceased.
