When a person dies in Australia, families must handle the deceased’s estate through two paths: probate or letters of administration. Probate works when there’s a valid will naming an executor. And letters of administration? It applies when someone dies without planning.
What separates probate vs letters of administration is simple planning. A will lets families follow the person’s wishes exactly. No will means the court decides everything according to law. Both processes need court approval, but the steps differ.
Each year, thousands of Australian families face these legal requirements. Securator Legal makes these processes easier to understand by working side-by-side with you, guiding you every step of the way.
Now, we’ll have a look at how probate actually works when families do have a will in place.
What is a Grant of Probate?
When someone dies without proper planning, the process enters probate. This process gives families legal permission to handle the deceased’s estate as the person wanted.
Here’s how it works in plain English:
Probate becomes necessary because financial institutions and government agencies won’t recognise a will’s validity without court approval. Banks, share registries, and land titles offices require legal proof that the will is genuine and the executor has the authority to act.
Our client, Michael from Brisbane, faced this when his father died last year. His dad left a clear will naming Michael as executor with written instructions. Even with everything documented properly, Michael found he couldn’t touch any bank accounts or sell property right away.
The Supreme Court had to give official permission first, even though the will clearly stated his wishes.
The Application Journey
Getting a grant of probate means gathering specific paperwork for the Supreme Court probate registry. The deceased person’s estate needs documents like the original will, official death certificate, and sworn asset values.
Each appointed executor must sign legal statements confirming the will’s validity. This creates the legal authority needed to handle everything properly.
Timeline and Costs to Expect
The probate application timeline varies based on your preparation and the court’s workload. Most applications process within eight to twelve weeks after submission, though complex estates can take longer.
When it comes to expenses, you’ll need to budget for court fees first. Supreme court fees typically cost between $600 and $900 across Australia. Extra legal fees depend on estate complexity and whether disputes arise during the process.
But what happens when there’s no will to guide the process?
Letters of Administration: Stepping Up When There’s No Will
Letters of administration are a court order granted when someone dies without a valid will. This creates a completely different legal situation for families. The court becomes the main decision maker instead of following written wishes.
Why Administration Becomes Necessary
Intestate deaths happen to thousands of Australian families who never planned properly. The deceased person’s estate still needs legal handling, but everything must follow strict government rules now.
Courts appoint an administrator to manage the intestate estate according to the Succession Act guidelines. This person handles similar duties to an executor but without any written guidance to follow.
Required Documents and Steps
Letters of administration need extensive proof of family relationships for the Supreme Court probate registry. The court wants solid evidence about who has legal rights under the intestacy rules first.
Then you’ll collect death certificates, relationship documents, and complete asset listings for review. After that, the administrator must prove their legal standing clearly before getting any court approval.
Legal Priority for Family Members
Australian law creates a specific order for who can apply to handle intestate estates. Surviving spouses get first choice, including de facto partners in real relationships. The law makes this simple to understand:
- Children apply when there’s no spouse
- Parents come next if there are no children
- Brothers and sisters apply after their parents
Since you know both processes exist, the practical differences between them often determine which path your family will take.
Probate vs Letters of Administration: The Head-to-Head
The real differences between these processes surprise many families during their hardest times. Both probate and letters of administration end with the same result, but they take very different paths.
Here’s how probate and letters of administration compare:
- Will Requirements: Probate works only when there’s a valid will naming an executor. This means the deceased person planned ahead and left written instructions for their estate. However, letters of administration handle all cases where someone dies intestate without proper planning, so the court must decide everything according to law instead.
- Court Documentation: Letters of administration require lots of proof about family relationships for the Supreme Court first. Courts need solid evidence about who has legal rights before appointing anyone to handle the deceased’s estate. On the other hand, probate needs less paperwork when wills are clear and family members agree on asset distribution, making the entire process much simpler.
- Timeline Differences: Probate moves faster because the will gives clear guidance for asset distribution. The executor can follow written instructions without guessing what the person wanted. Yet letters of administration involve extra verification steps, especially when de facto relationships or distant relatives claim rights to the estate.
- Financial Costs: Both charge similar court fees at first, but letters of administration often cost more due to added complexity. The extra paperwork and verification work mean more legal fees. Also, asset investigation and family verification work extend professional service needs well beyond basic applications.
We’ve seen families struggle with both processes, but if you know who can step forward first, the whole process becomes much easier to handle.
Who Gets to Apply? Australia’s Family Pecking Order
Australia’s intestacy rules create a specific order for who can apply to handle deceased estates. First, surviving spouses get priority, and this includes de facto partners in real relationships lasting over two years.
Next, adult children can apply, followed by parents, then siblings, grandparents, aunts, uncles, and cousins in that exact order. The Federal Circuit and Family Court explain these succession act requirements clearly for Australian families.
Sometimes multiple relatives have equal priority, so they must agree on one person or let the court decide instead. Also, same sex couples and de facto relationships need proof of their genuine domestic basis through shared finances and living arrangements.
These family rules may look simple on paper, yet real situations often get complicated quickly and need expert legal guidance.
Getting Expert Help for Your Family’s Peace of Mind
Drawing from our experience, managing deceased estates often surprises families who aren’t ready for the legal work ahead. Succession law experts can handle all these court processes, asset checks, and tax requirements while families deal with their grief.
What makes Securator Legal different from other experts is our smart AI systems that create custom documents faster. This helps cut processing delays a lot. We also provide better, faster, cheaper legal services through our custom document system, while our clear billing means families always see exactly what work gets done and understand every cost.
However, our expert guidance can turn complex legal steps into simple tasks for both probate and letters of administration cases. This support becomes vital when family disputes arise or estates involve business assets, property deals, or tricky de facto partnerships.
So, don’t hesitate to reach out to us for professional estate help.
