LETTERS OF ADMINISTRATION QLD

What is Letters of Administration Qld?

 

A Grant of Letters of Administration is an Order issued by the Supreme Court of Queensland appointing a person (the Administrator) to administer the Estate of a deceased.

There are two types of Letters of Administration grants the Supreme Court can make, these are:

1. Letters of Administration Qld on intestacy (where there is no Will)
2. Letters of Administration Qld with the Will.

 

Who is entitled to Letters of Administration Qld?

 

The Uniform Civil Procedure Rules 1999 (Qld) says who can apply to get Letters of Administration QLD on behalf of a deceased’s Estate.

When a person dies without leaving a Will (intestate), the law says who may apply to the Court to get Letters of Administration QLD. The law not only says who can apply to the Court but also lists the order of priority of individuals who can apply. Suppose a person has a higher priority than another person. In that case, this person is to apply for Letters of Administration. Below is a list of the eligible persons in descending order.

(1) the deceased’s surviving spouse;

(2) the deceased’s children;

(3) the deceased’s grandchildren or great-grandchildren;

(4) the deceased’s parent or parents;

(5) the deceased’s brothers and sisters;

(6) the children of deceased brothers and sisters of the deceased;

(7) the deceased’s grandparent or grandparents;

(8) the deceased’s uncles and aunts;

(9) the deceased’s first cousins;

(10) anyone else the Court may appoint.

You must prove your priority if you apply to the Court for Letters of Administration QLD. You confirm your priority by giving evidence in an affidavit to the Court. You need to prove any person who has a higher priority than you is not entitled to apply to the Court. A person cannot apply to the Court if they are dead, incapacitated or have renounced their right to make the application.

If a person dies leaving a Will, the law lists the order of priority of individuals whom the Court may grant a Letters of Administration QLD. Below is the descending order of priority of persons who may apply for the Grant:

(1) a trustee of the residuary Estate;

(2) a life tenant of any part of the residuary Estate;

(3) a remainderman of any part of the residuary Estate;

(4) another residuary beneficiary;

(5) a person otherwise entitled to all or part of the residuary Estate by complete or partial intestacy;

(6) a specific or pecuniary legatee;

(7) a creditor or person who has acquired the entire beneficial interest under the will;

(8) anyone else the Court may appoint.

The law says if two or more persons have the same priority, the order of priority is decided according to which of them has the greater interest in the Estate.

 

When can I apply for Letters of Administration Qld?

 

The law says the Court must not make a Grant of Letters of Administration on intestacy unless 30 days have passed since the deceased’s death. However, suppose the Court considers urgent circumstances justifying the making of the Grant of Letters of Administration. In that case, the Grant can be made within 30 days of the deceased’s death.

 

What can I do with Letters of Administration Qld?

 

A Grant of Letters of Administration enables the appointed Administrator to lawfully administer the deceased’s Estate.

 

How do I get a Letters of Administration Qld?

 

Getting a Grant of Letters of Administration QLD is similar to getting a Grant of Probate.

First, you must identify who has the highest priority to apply to the Court. If two persons have the same priority, you must decide if a joint application will be made. Suppose a joint application is not going to be made. In that case, the law says the person with the most significant interest in the Estate should apply to the Court.

After you have identified who is going to make the application for the Grant of Letters of Administration, the following steps need to be undertaken:

1. Apply for a Certificate of Death for the deceased. You can apply for a Qld Death Certificate here https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/birth-death-and-marriage-certificates/death-certificates/applying-for-a-death-certificate

2. Draft an advertisement to apply for a Grant of Letters of Administration in the Queensland Law Reporter.

3. Publish the advertisement for the application for a Grant of Letters of Administration in the Queensland Law Reporter.

4. Serve a copy of the advertisement on the Public Trustee of Queensland.

5. Draft the Application for Letters of Administration and supporting affidavit and affidavit of publication to file in the Supreme Court of Queensland.

6. File the Application for Letters of Administration and supporting affidavit and affidavit of publication in the Supreme Court of Queensland. Please note the material can only be filed in the Court after 14 days have passed since the advertisement in the Queensland Law Reporter was published.

7. Respond to any queries raised by the Court about the application.

8. Receive the sealed Letters of Administration from the Court.