Someone passed away without a valid will?
Letters of Administration
Perth
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Clairs Keeley Letters of administration services
WHAT Are letters of administration
Letters of Administration is a legal grant issued by the Supreme Court of Western Australia that appoints a person (called the “administrator”) to manage and distribute a deceased person’s estate when there is no valid will.
Without Letters of Administration, no one has the legal authority to access bank accounts, sell or transfer property, collect superannuation, or distribute assets to the people entitled to them. Banks, insurers, Landgate, and other institutions will not release assets until this court order is in place.
In practical terms, Letters of Administration gives you the same kind of authority that a Grant of Probate gives an executor — but instead of following the directions in a will, you are required to distribute the estate according to the legal rules of intestacy set out in Western Australian law.
DEAL WITH THE ESTATE CONFIDENTLY
We can help you with a clear guided process and straightforward support. Speak with the Clairs Keeley team today or complete the enquiry form.
When Are Letters of Administration Required?
You will generally need to apply for Letters of Administration if:
- The deceased did not leave a will at all
- they died “intestate” and no will has been located after a thorough search
- The will that exists is not valid — it may not have been properly signed, witnessed, or executed in accordance with WA law
- The will does not name an executor — or the named executor has died, is unable to act, or has formally renounced the role
- The estate includes real property — (land or a house) registered in Western Australia
- Banks or institutions require a grant — before they will release the deceased’s funds or assets
- The estate holds significant assets — such as shares, superannuation, investments, or insurance policies
If you are unsure whether Letters of Administration is needed in your situation, our free discovery call can help you work that out quickly.
Who Can Apply for Letters of Administration in Western Australia?
Unlike a Grant of Probate, where the executor is named in the will, the right to apply for Letters of Administration follows a strict priority order set by WA law. The Supreme Court will generally grant Letters of Administration to the person with the highest priority who is willing and able to act
The priority order in Western Australia is:
- Surviving spouse or de facto partner** of the deceased
- Children of the deceased (if no surviving spouse)
- Parents of the deceased
- Brothers and sisters of the deceased
- Other next of kin according to degree of relationship
If the person with the highest priority does not wish to apply, they may need to formally consent to someone further down the list acting as administrator, or renounce their right.
If there are multiple people at the same priority level (for example, several children), they can apply jointly or one can apply with the consent of the others.
Navigating these priority rules can be complicated, particularly in blended families or where family relationships are strained.
Our team can advise on your specific situation and help determine who is eligible to apply.
How the Letters of Administration Process Works in WA
Step 1 — Free Discovery Call: We speak with you by phone, video, or in person at our East Perth office to understand the situation, confirm there is no valid will, and advise whether Letters of Administration is the right path. This initial call is free and obligation-free.
Step 2 — Confirming Eligibility and Priority: We establish your legal entitlement to apply based on the priority order under WA law. If required, we help obtain consent or renunciation from other eligible family members.
Step 3 — Searching for a Will: Before applying, you are required to make reasonable efforts to locate a will. We guide you through the required searches, including checking with the deceased’s solicitor, the WA Public Trustee, and any safe deposit or storage locations.
Step 4 — Gathering Information and Documents: We help you compile all required documents, including the death certificate, identification, details of the deceased’s assets and liabilities, and evidence of your relationship to the deceased.
Step 5 — Preparing the Application: Our team prepares the formal application to the Supreme Court, including the required affidavits, the administration bond (if applicable), the inventory of assets, and supporting documents.
Step 6 — Lodging with the Supreme Court: We lodge the application on your behalf with the Probate Registry at the Supreme Court of Western Australia. We manage any requisitions or queries the court raises during the process.
Step 7 — Grant Issued: Once the court is satisfied, Letters of Administration is issued. We provide you with certified copies so you can begin collecting assets, paying debts, and distributing the estate according to the rules of intestacy.
Timeframes: A straightforward application typically takes 6 to 10 weeks from lodgement.
Letters of Administration applications can take slightly longer than probate applications because additional evidence (such as proof that no will exists and confirmation of the family relationship) is required.
NOT SURE WHERE TO START? THAT'S COMPLETELY NORMAL.
Dealing with a loved one’s estate when there is no will can feel overwhelming. A simple phone call is all it takes to get clear direction on your next steps.
We provide a clear guided process and straightforward support.
What Documents Do You Need?
To apply for Letters of Administration in Western Australia, you will generally need:
- Death certificate — an official certificate issued by the Registry of Births, Deaths and Marriages in WA
- Evidence no valid will exists — a statutory declaration confirming you conducted a thorough search and could not locate a will
- Proof of your relationship to the deceased — for example, a marriage certificate, birth certificate, or statutory declaration confirming a de facto relationship
- Applicant identification — proof of identity for the person applying
- Asset details — bank statements, property titles (via Landgate), share certificates, superannuation statements, insurance policies, and vehicle registrations
- Liability details — outstanding debts, mortgages, loans, credit cards, and unpaid taxes
- Details of all entitled persons — names, contact details, and relationship to the deceased for everyone who may be entitled under WA intestacy rules
- Consent or renunciation — if a person with higher priority is not applying, written consent or a formal renunciation may be required
- Administration bond — in some cases, the court may require a bond (a form of guarantee) before issuing the grant
Missing or incomplete documentation is one of the most common reasons for delays. Our team ensures everything is in order before lodgement.
What Happens After Letters of Administration Is Issued?
Once Letters of Administration is granted, the administrator has a legal duty to manage and distribute the estate properly. This includes:
- Notifying banks, insurers, superannuation funds, and government agencies and providing certified copies of the grant
- Collecting and securing all estate assets
- Paying any outstanding debts, taxes, and funeral expenses from the estate
- Distributing the remaining estate to the persons entitled under the rules of intestacy
- Keeping accurate records of all transactions and providing an accounting to entitled persons if requested
Important: An administrator has the same legal obligations as an executor. If the estate is not managed correctly, the administrator can be held personally liable for any losses. This is why many people choose to have a lawyer assist with estate administration — not just the court application.
Clairs Keeley Lawyers can assist with full estate administration if you need ongoing support after the grant is issued.
Common Complications with Letters of Administration
While many Letters of Administration applications are straightforward, certain situations can make the process more complex:
- The deceased may have had a will, but it cannot be found — you may need to apply for Letters of Administration with Will Annexed, a different type of grant where a copy or draft of the will is used.
- Blended families or multiple relationships — determining priority and entitlement can be difficult when the deceased had children from different relationships or was in a de facto relationship at the time of death.
- A family member disputes who should be administrator — competing applications or objections may need to be resolved before the court will issue a grant.
- A caveat has been lodged — someone has formally objected to the grant being issued, which pauses the process until the issue is resolved.
- The deceased had assets in multiple states or countries — the WA grant may need to be resealed interstate, or separate applications may be required.
- There is a potential Family Provision claim — a person who was dependent on the deceased but is not adequately provided for under the intestacy rules may apply to the court for a greater share.
- The estate is insolvent — the deceased’s debts exceed the value of their assets, which affects how the estate must be administered.
Having experienced legal representation makes a significant difference in these situations. Our team has handled complex Letters of Administration matters and can advise on the best approach for your circumstances.
Letters of Administration vs Grant of Probate
What's the Difference?
| Letters of Administration | Grant of Probate | |
|---|---|---|
| When it applies | The deceased did not leave a valid will (or the will does not name an executor) | The deceased left a valid will naming an executor |
| Who applies | An eligible family member based on the legal priority order | The executor named in the will |
| Authority comes from | The court appoints the administrator | The court confirms the executor’s authority under the will |
| How the estate is distributed | According to the rules of intestacy under WA law | According to the terms of the will |
| Typical timeframe | 6–10 weeks (can be longer due to additional evidence requirements) | 4–8 weeks for straightforward applications |
If the deceased left a valid will, you will likely need a Grant of Probate instead.
Why Clients Choose Clairs Keeley For Letters of Administration
- We deal with intestate estates regularly — we understand the specific challenges that arise when there is no will, including priority disputes, blended family situations, and complex intestacy rules.
- Over 16 years of experience — we know the Supreme Court of WA’s procedural requirements and how to avoid common pitfalls that cause delays.
- Clear, fixed-fee pricing — we quote upfront so you know what the application will cost before you commit, with no hidden fees.
- We explain everything in plain English — intestacy law can be confusing, and we make sure you understand who is entitled, what the process involves, and what to expect at each stage.
- We handle the entire application — from confirming eligibility and gathering documents to preparing affidavits and lodging with the court, we manage the process end to end.
- Compassionate, personal service — we know this is a difficult time, and we treat every client with care, patience, and respect.
- East Perth location — conveniently located at Ground Floor, 2 Brook Street, East Perth, with phone and video consultations also available.
Grant of
probate
- Applies where a valid will exists
- Executor applies to court
- Authority to manage the estate
- Fixed Fee from $1495
letters of administration
- Applies when no valid will exists
- Next of kin applies
- Court appoints administrator
- Fixed Fee From $2310
Will
disputes
- Challenging a will’s validity
- Contesting estate distribution
- Protecting beneficiary rights
- Free Discovery Call
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Frequently Asked Questions About Letters of Administration
What is the difference between a Grant of Probate and Letters of Administration?
What does it mean to die "intestate"?
How much does it cost to apply for Letters of Administration in WA?
How long does it take to get Letters of Administration in Western Australia?
Who can apply for Letters of Administration?
What are the responsibilities of an executor or administrator?
What happens if the deceased had assets in more than one state or country?
How can Clairs Keeley Lawyers help?
Can I access the deceased's bank accounts before Letters of Administration is issued?
What if I'm not sure whether a will exists?
What happens if a will is found after Letters of Administration has been issued?
Can more than one person be appointed as administrator?
What is an administration bond?
What if a family member objects to my application?
What if the deceased had a de facto partner and a legal spouse?
Do the intestacy rules apply to superannuation and life insurance?
Clairs Keeley Wills and Estate Planning Services
Here are some more of the ways we can help you with Wills & Estate Planning.
You Don't Have to Figure This Out Alone
Losing someone is hard enough without the added stress of navigating the legal system. Our free discovery call gives you clear, practical guidance on your next steps — with no obligation and no pressure.