When a person dies without a will (intestacy)
If someone passes away without leaving a valid will, they are said to have died intestate. In these situations, the estate cannot be distributed until the Supreme Court of Victoria issues a legal document called Letters of Administration. This document gives a person the authority to manage and distribute the estate.
Letters of Administration are required if the estate includes real property (such as a house or land) or is valued above a certain threshold.
An application for Letters of Administration is usually made by:
- The deceased’s spouse or domestic partner
- One or more of the children
- A trustee, if no appropriate next of kin is available
- Another person the Court considers suitable
The person appointed is known as the Administrator of the estate. Their role is similar to that of an executor — finalising debts, preparing tax returns, and distributing assets — but they must follow the strict rules of intestacy set out in Victorian law.
At Parke Lawyers, our experienced Wills & Estates team can prepare the application to the Supreme Court and guide Administrators through every step of the process. Wherever possible, it is best to apply within six months of the person’s passing. Applications made after this period are still possible but usually involve extra requirements, delay, and cost.
