How to apply for letters of administration in Victoria
You apply for letters of administration in the Supreme Court of Victoria (Probate Office) when someone has died without a valid will (intestate) or when a named executor cannot act. The application is usually made by the next of kin entitled to inherit under the intestacy rules in the Administration and Probate Act 1958 (Vic).
The framework
Letters of administration are governed by the Administration and Probate Act 1958 (Vic) and the Supreme Court (Administration and Probate) Rules 2014 (Vic). Intestacy distribution is set out in Part IA of the Administration and Probate Act 1958 (Vic).
The process
Confirm there is no valid will
Search the deceased's records, safety deposit box, and State Trustees to confirm no will exists. If a will is found that only partially disposes of the estate, letters of administration with the will annexed may apply instead.
Determine who is entitled to apply
Under rule 5.05 of the Supreme Court (Administration and Probate) Rules 2014, priority is generally spouse/domestic partner, then children, then other relatives. Multiple eligible applicants can apply jointly.
Obtain the death certificate
Order a certified copy of the death certificate from Births, Deaths and Marriages Victoria. It is required for the application.
Advertise intention to apply
Publish a notice of intention to apply for letters of administration on the Supreme Court of Victoria's Probate Online Advertising System. The 15-day advertising period must expire before filing.
Identify estate assets and liabilities
Prepare an inventory of assets (real estate, bank accounts, shares, super, vehicles) and liabilities (debts, funeral costs). Obtain date-of-death valuations where possible.
Prepare the application documents
Prepare the Originating Motion, affidavit of applicant, inventory of assets and liabilities, and administration bond (where required). All documents must comply with the Supreme Court (Administration and Probate) Rules 2014.
File with the Probate Office via RedCrest-Probate
File the application electronically through the Supreme Court's RedCrest-Probate portal. Pay the filing fee, which scales with the gross value of the estate.
Respond to requisitions
The Probate Registrar may issue requisitions seeking further information or corrections. Respond promptly to avoid delay.
Receive the grant
Once approved, the court issues letters of administration. The administrator then has legal authority to collect assets, pay debts, and distribute the estate according to the intestacy rules in Part IA of the Administration and Probate Act 1958.
Administer the estate
Call in assets, pay debts and funeral expenses, lodge any tax returns, distribute the residue per the intestacy rules, and keep full records of the administration. Advertise for creditors where prudent.
Forms and templates
- Originating Motion for Letters of Administration
- Affidavit of Applicant / Inventory of Assets and Liabilities
Common mistakes
- Filing before the 15-day advertising period has expired
- Incorrect order of priority among next of kin
- Missing assets or debts from the inventory
- Distributing the estate before the 6-month family provision window
- Not obtaining an administration bond when required
Get this process right with Quillio
Quillio can help prepare the affidavit of applicant, inventory of assets, and respond to registrar requisitions for Victorian letters of administration. See /practice-areas/wills-estates or start a free trial.
This guide is general information, not legal advice. Intestacy and administration can be complex, particularly for blended families or estates with foreign assets. Seek independent legal advice.
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