Letters of Administration
Letters of Administration is a document which is issued by the Probate Registry of the Supreme Court of South Australia.
A Grant of Letters of Administration gives the named administrator the authority to deal with assets in an Estate where a person either dies without leaving a Will or dies leaving a Will which does not effectively appoint an executor.
When a person dies without a Will they are said to die intestate. In these circumstances the provisions of the Administration and Probate Act of South Australia determine who are the persons (or person) who can administer the Estate and how the Estate is to be divided. That person or persons must then apply to the Probate Registry of the Supreme Court of South Australia for a Grant of Letters of Administration.
Once the Probate Registrar is satisfied about all matters contained in the application, it issues a document called “Letters of Administration”. This document is produced to financial institutions and government departments (such as the Lands Titles Office) where there are assets in the name of the deceased.
Where a person dies leaving a Will and the Will does not effectively appoint an executor, a document called “Letters of Administration with the Will Annexed” may be obtained. We can give advice as to who is entitled in this circumstance, to apply to be the Administrator.
Where a person dies intestate, the beneficiaries are determined by the provisions of the Administration and Probate Act.
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