Letters of Administration: What to Do When There’s No Executor

Have a question about this? Ask the Guide → the chat widget at the bottom-right of this page can answer it. Reading time: 7 minutes | The Executor’s Guide — Plain English. Step by step. Written for the person who just found out.

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If the person who died had no will, or had a will but named no executor (or the named executor has died or is unable to act), you cannot apply for a Grant of Probate. Instead, you apply for Letters of Administration. This guide explains what that means and how to do it.

What Are Letters of Administration?

Letters of Administration is a court order from the Supreme Court of the relevant state or territory that confirms the deceased died without a valid executor, and appoints an Administrator — the person authorised to deal with the estate. The Administrator has exactly the same powers and responsibilities as an executor: dealing with banks, selling property, paying debts, and distributing the estate.

Without a will, the distribution of the estate follows the intestacy rules of the relevant state or territory, not the deceased’s personal wishes.

Who Can Apply?

Priority for who can apply follows a set order:

1. Surviving spouse or de facto partner — first priority
2. Children of the deceased — if no surviving spouse
3. Parents of the deceased — if no surviving spouse or children
4. Siblings — if no parents
5. Other relatives — in order of relationship

If multiple people at the same priority level want to apply (for example, two adult children), they can apply jointly or one can obtain the consent of the others. The Public Trustee of the relevant state or territory can also apply if no family member is willing or able to act.

Step 1 — Confirm There Is No Valid Will

Before applying, make a genuine effort to locate any will. Check the deceased’s home (safe, filing cabinet, bedside table), any solicitors who may have drafted a will, the deceased’s bank, and any state will registry. NSW has a public Will Registry — check with the Law Society in your state for equivalent services.

If a will exists but names no executor, apply for Letters of Administration with the Will Annexed — a variation that acknowledges the will but appoints an administrator to carry it out. Distribution follows the will, not the intestacy rules.

Step 2 — Advertise Your Intention to Apply

As with probate, most states require you to advertise your intention to apply before lodging — confirm the current requirements with your state Supreme Court or a solicitor before proceeding. Requirements are identical to probate in each state — check your state Supreme Court’s requirements. Wait the prescribed period (usually 14 days) before lodging.

Step 3 — Prepare the Application

• Application form (from the Supreme Court of the relevant state)
• Affidavit of Administrator — confirming your identity, relationship to the deceased, that there is no will and no executor able to act
• Inventory of Assets and Liabilities — the same estate stocktake required for probate
• Evidence of your searches for a will
• Certified death certificate
• Filing fee (based on gross estate value — check the court website for current amounts)

Step 4 — Lodge and Wait

Lodge at the Supreme Court in the state where the deceased was domiciled. Processing time is broadly similar to probate — typically 4 to 8 weeks for uncomplicated applications. Respond promptly to any court requisitions.

How the Estate Is Distributed Without a Will

Without a will, distribution follows the intestacy rules of the relevant state. The general pattern across Australian states:

• Surviving spouse, no children: Spouse receives the whole estate in most states
• Surviving spouse with children: Distribution varies significantly by state — may be split between spouse and children depending on the amounts involved
• No surviving spouse, children survive: Estate divided equally among children
• No spouse, no children: Parents, then siblings, then other relatives in order

These rules are set by legislation and vary by state. If you are unsure how the intestacy rules apply to the specific estate, contact the Public Trustee in your state or seek legal advice. The rules differ in their details by state — if you are unsure how they apply to the specific estate, seek legal advice or contact the Public Trustee in your state. If you are unsure how they apply to the specific estate, contact the Law Society in your state for a referral to an estates solicitor.

State Supreme Court Resources

• NSW: supremecourt.justice.nsw.gov.au
• VIC: supremecourt.vic.gov.au
• QLD: courts.qld.gov.au
• WA: supremecourt.wa.gov.au
• SA: courts.sa.gov.au
• TAS: supremecourt.tas.gov.au
• ACT: courts.act.gov.au
• NT: supremecourt.nt.gov.au

When to Use a Solicitor

Letters of Administration can be more complex than standard probate. Consider a solicitor when: the intestacy rules produce a result family members dispute; there are competing applicants at the same priority level; the deceased had children from multiple relationships; assets exist in multiple states; or the estate is insolvent.

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The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. Intestacy rules and application processes vary by state — always check current requirements with the relevant Supreme Court before lodging.

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Related guides

• What to Do When Someone Dies in Australia
• What Is an Executor?
• Executor Duties in Australia: The Complete Legal Guide
• Do I Need Probate? A Plain-English Guide