When someone dies without a valid will in Victoria, their estate does not automatically pass to their family. Before any assets can be collected, debts paid, or property transferred, an eligible person must apply to the Supreme Court of Victoria for a grant of letters of administration. This guide explains what letters of administration are, who can apply, how the application process works, and what to expect at each stage.
What Are Letters of Administration?
Letters of administration is the authority granted by the Supreme Court of Victoria to a person (called the administrator) to collect and manage the assets of someone who has died without leaving a valid will. Dying without a valid will is known as dying intestate.
Once the grant is issued, the administrator has the legal authority to collect the deceased’s assets (bank accounts, shares, real estate, and other property), pay the estate’s debts, liabilities, and expenses, and distribute the remaining assets to beneficiaries in accordance with Victoria’s intestacy laws.
Without this grant, financial institutions, share registries, and the Titles Office will generally refuse to release or transfer assets. A grant of letters of administration carries the same legal force as a grant of probate. The difference lies in the circumstances that trigger each type of application.
Letters of Administration vs Probate
Probate and letters of administration are two distinct types of grants, though both are issued by the Probate Office of the Supreme Court of Victoria.
Probate is granted when the deceased left a valid will and the executor named in that will is applying to have the will recognised and their authority confirmed.
Letters of administration are granted when the deceased died intestate (without a valid will), the deceased left a will but did not name an executor, or the named executor is deceased, lacks capacity, or has renounced their appointment.
In both cases the grant authorises a named person to deal with the estate. The key distinction is that a probate application is governed by the terms of the will, while a letters of administration application is governed by the intestacy provisions of the Administration and Probate Act 1958 (Vic).
Who Can Apply for Letters of Administration?
The Administration and Probate Act 1958 (Vic) establishes a priority order for who may apply. The Supreme Court of Victoria will generally grant the application to the highest-ranking eligible person who comes forward.
The order of priority is: surviving spouse or domestic partner (including registered and unregistered de facto partners), children of the deceased, grandchildren or other issue, parents, brothers and sisters, other next of kin (in order of degree of relationship), and creditors or the State Trustee of Victoria (as a last resort where no family member applies).
Where a person with higher priority does not wish to apply, they must sign a renunciation, a sworn declaration that they are aware of their entitlement to apply and are giving it up. Renunciations from all persons with a higher priority must be filed alongside the application.
If two or more people have equal priority (for example, two adult children), any one of them may apply with the consent of the others.
Step-by-Step: The Application Process
Letters of administration applications are filed through the Probate Office of the Supreme Court of Victoria using the online RedCrest-Probate e-filing system.
Step 1: Determine Whether a Grant Is Required
Not every estate requires a court grant. If all of the deceased’s assets were jointly owned (for example, a jointly held bank account or jointly owned real property), those assets pass automatically to the surviving owner and fall outside the estate. Some financial institutions will also release small accounts informally without a grant.
If the estate includes real estate held in the deceased’s sole name, or accounts and investments above each institution’s informal release threshold, a grant will almost certainly be required.
Step 2: Gather the Required Documents
Before filing, you will need a death certificate (the “cause of death” version issued by the Registry of Births, Deaths and Marriages Victoria), an inventory of assets and liabilities with estimated values at the date of death, asset searches (title searches, share holding confirmations), renunciations from any person with a higher priority who is not applying, relationship evidence (marriage certificate, birth certificate), and in certain circumstances an administration bond.
Step 3: Advertise Your Intention to Apply
At least 14 days before filing your application, you must publish a notice of your intended application through the court’s online probate advertising system. This gives creditors and other interested parties an opportunity to raise any objection before the grant is made. The current fee for publishing a notice is $37.
Step 4: Prepare Your Affidavit
After the advertising period, you complete your affidavit, a sworn statement setting out the circumstances of the death, the fact that the deceased died intestate, the identity and priority of all persons entitled to apply, the details of the estate, and confirmation that you are an eligible applicant. RedCrest-Probate generates the affidavit template based on your answers to a series of questions.
Step 5: File Your Application and Pay the Filing Fee
Once the affidavit is signed, you upload all documents through RedCrest-Probate and pay the applicable filing fee. The original death certificate must be posted to the Probate Office after online lodgement. The Probate Office will review the application and, if everything is in order, the grant will be made.
Step 6: Administer the Estate
Once the grant is issued, you are legally authorised to manage the estate: contacting asset holders, collecting assets, paying outstanding debts, and distributing the balance to beneficiaries in accordance with Victoria’s intestacy rules.
Who Inherits When There Is No Will? Victoria’s Intestacy Rules
The distribution of an intestate estate is governed by Part IA of the Administration and Probate Act 1958 (Vic). The outcome depends entirely on the family circumstances of the deceased at the date of death.
Surviving Partner Only (No Children)
The surviving spouse or domestic partner inherits the entire estate.
Surviving Partner and Children (All from That Relationship)
Where the deceased is survived by a partner and children who are all children of that same partner, the partner inherits the entire estate.
Surviving Partner and Children from a Different Relationship
Where the deceased is survived by a partner and has children who are not children of the surviving partner, the estate is divided as follows: the partner receives all personal chattels, a statutory legacy of $573,640 (indexed annually from 1 July each year), and half of the balance. The deceased’s children share the other half of the balance equally among them. If the total value of the estate is less than the statutory legacy, the partner takes the entire estate.
No Partner, Surviving Children Only
The estate is divided equally between the children. If a child predeceased the deceased but left their own children (the deceased’s grandchildren), those grandchildren share their parent’s portion equally.
No Partner and No Children
The estate passes in the following order: parents, brothers and sisters (with nieces and nephews taking the share of a predeceased sibling), grandparents, aunts and uncles (with first cousins taking the share of a predeceased aunt or uncle), and finally the Crown (bona vacantia) if no surviving relatives can be identified.
Stepchildren are not entitled to a share on intestacy unless they were formally adopted by the deceased. Adopted children, however, are treated in the same way as biological children.
How Long Does the Process Take?
For a straightforward application with no complications, the Probate Office typically processes letters of administration applications within four to six weeks of the filing date. This does not include the mandatory advertising period that must be completed before filing.
More complex applications (where beneficiaries are missing, where there are disputes about priority, or where overseas assets are involved) can take considerably longer.
Administering the estate after the grant is issued (collecting assets, paying debts, and distributing to beneficiaries) typically takes a further three to six months, depending on the nature and complexity of the estate.
Court Filing Fees
The Supreme Court of Victoria charges a filing fee based on the gross value of the Victorian estate. The fees below are effective from 1 July 2025 and are subject to annual review:
| Gross value of Victorian estate | Court filing fee |
|---|---|
| Less than $250,000 | Nil |
| $250,000 to less than $500,000 | $529.50 |
| $500,000 to less than $1,000,000 | $1,059.00 |
| $1,000,000 to less than $2,000,000 | $2,471.10 |
| $2,000,000 to less than $3,000,000 | $4,942.10 |
| $3,000,000 to less than $5,000,000 | $7,396.40 |
| $5,000,000 to less than $7,000,000 | $12,355.40 |
| $7,000,000 or more | $17,297.50 |
These fees apply equally to applications for probate, letters of administration, and resealing of foreign grants. The filing fee is paid from estate funds and is treated as an expense of administration. In addition, there is a $37 fee for publishing the notice of intention to apply. Legal costs, if you engage a solicitor, are separate.
Common Complications
Missing Beneficiaries
If a beneficiary cannot be located, the distribution of the estate must be delayed while reasonable steps are taken to find them. The administrator can be held personally liable if they distribute the estate without making adequate enquiries.
Family Disputes
Disputes between family members about who should administer the estate, or about the valuation of assets, can delay the application significantly. Where two or more persons have equal priority and cannot agree, the matter may need to be resolved by the court.
Overseas Assets
A Victorian grant of letters of administration does not automatically extend to assets held in another country. If the deceased owned real estate, bank accounts, or shares overseas, a separate grant or equivalent order will generally be required in that jurisdiction.
Blended Families
Where the deceased had children from more than one relationship, the interplay between the statutory legacy, the partner’s entitlements, and the claims of children from earlier relationships can create genuine complexity and may require negotiation or court intervention.
When to Engage a Lawyer
The Supreme Court’s RedCrest-Probate system is designed to allow unrepresented applicants to file their own applications. In straightforward cases (a sole surviving spouse applying for a simple estate), self-representation is workable.
Legal advice is strongly advisable when the estate includes real property held solely by the deceased, multiple persons are entitled to apply and renunciations must be obtained, the family structure is complex, there are assets in another country, beneficiaries cannot be located, the estate is large or includes business interests or debt, or there are claims likely to be made against the estate.
An administrator who distributes an estate incorrectly can be held personally liable for any resulting loss. Getting it right from the outset is considerably less expensive than correcting it later.
Contact Professional Edge Lawyers
At Professional Edge Lawyers in Frankston, we assist families across Victoria with letters of administration applications from start to finish, gathering documents, preparing the affidavit, managing the court filing, and advising on the distribution of the estate. If you need to obtain letters of administration or have questions about what happens when someone dies without a will, call us on 1800 776 529 for clear, practical advice from an experienced estates solicitor.
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