What happens without a Will?

When someone passes away without a legal Will, this is known as dying intestate. Their estate — including property, bank accounts, and any debts — still needs to be managed and distributed, but the process is governed by law rather than the deceased's own wishes.

Someone must be appointed by the court to take on this role.

What are Letters of Administration?

Letters of Administration are issued by the Supreme Court of the relevant state or territory. They authorise a person to administer the estate of someone who died without a valid Will.

Once appointed, the administrator distributes the assets according to the laws of intestacy.

Who can apply?

Rules vary by state and territory, but generally, the applicant must be someone entitled to benefit from the estate — typically the next of kin.

Next of kin usually refers to:

• The closest blood relative, or

• Someone with a close relationship to the deceased, such as a spouse or de facto partner