Letters of Administration Lawyer
Letters of Administration
If a loved one has passed away without leaving behind a valid will, the process of managing and distributing their estate assets can be challenging.
That's where a Letter of Administration lawyer can make a difference! At Queensland Probate, our experienced team of estate lawyers is equipped to handle the administration of deceased estates.
Our estate lawyers can help you apply for letters of administration, granting you authority over the estate. They can also help you navigate the identification of the deceased’s assets so that you can release assets in accordance with intestacy rules.
Contact the estate administration lawyer Brisbane residents trust, and our reliable team will help you overcome this difficult task with confidence.
What are Letters of Administration?
A letter of administration is a legal document granted by a court that gives someone the authority to manage a deceased estate.
It also gives you the right to distribute the assets to family members and beneficiaries after a person dies.
Applying for Letters of Administration
The laws give precedence to those who are entitled to the largest portion of the deceased estate according to intestacy laws in Queensland.
If an individual passes away without a valid will in Queensland, the order of priority for granting Letters of Administration on Intestacy is as follows:
- The deceased’s surviving spouse, including a de facto partner
- The deceased’s children
- The deceased’s grandchildren or great-grandchildren
- The deceased’s parents
- The deceased’s siblings
- The deceased’s nieces and nephews
- The deceased’s grandparents
- The deceased’s uncles and aunts
- The deceased’s first cousins
Any other person the court may deem appropriate to appoint.
We provide comprehensive support and expertise
Other Services
Queensland Probate is a reputable law firm that provides services beyond just a lawyer for letters of administration. We understand that administering an estate involves various complex tasks and legal obligations. To assist you in handling these responsibilities, Queensland Probate provides comprehensive support and expertise in the following areas:
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Wills And Estates
Queensland Probate offers professional assistance in estate planning, helping individuals prepare and structure their estates to ensure their wishes are carried out upon their passing. They provide guidance on will preparation, establishing trusts, and maximising the efficiency of estate distribution.
Our lawyers for will disputes can help you navigate difficult circumstances, assisting you in drafting legally sound wills that accurately reflect their intentions and protect their assets. Our experienced team ensures that all necessary clauses and provisions are included, addressing potential contingencies and minimising the risk of disputes.
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Estate Planning
We can assist you with creating an estate plan that outlines how your assets will be managed during your lifetime and distributed after your death. From your higher-priority assets to your residuary estate, we can ensure your assets are divided among beneficiaries in a manner that befits your wishes.
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Administration Of Deceased Estates
In addition to obtaining Letters of Administration, Queensland Probate offers full-service estate administration support. We guide you through the entire process, handling tasks such as asset valuation, debt management, tax compliance, and distribution of assets to beneficiaries. With the right lawyer for Letter of Administration, we will ensure that all legal obligations are met and that the estate administration proceeds smoothly.
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Real Estate Transactions In Deceased Estates
We can help you transfer property ownership from a deceased person's name to their beneficiaries.
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Contesting A Will
If you believe you have been unfairly excluded from a loved one's will, our team can help you navigate the legal process of contesting the will.
At Queensland Probate, we understand that estate planning and the administration of deceased estates can be a complicated and emotional process. Our experienced team is here to guide you through the process and ensure your wishes are carried out. Contact us today to learn more about our services.
CLIENT TESTIMONIALS
Estate Administration Lawyers Brisbane - FAQs
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Who can apply for Letters of Administration?
The eligibility to apply for a Grant of Letters of Administration varies depending on the state. In Queensland, only potential beneficiaries are entitled to apply for letters of administration. If there are several beneficiaries, they can either apply for joint grant letters, submit competing applications, or one family member/beneficiary can submit an application with the endorsement of the others.
Beneficiaries can include spouses, de facto partners, children, or other close relatives. At Queensland Probate, our experienced Probate and Letters of Administration lawyers specialise in guiding you through this intricate process, ensuring that the deceased person’s estate is administered smoothly, in accordance with the law and the deceased person’s wishes.
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What happens if a deceased person doesn’t leave a valid will?
In the event that a person passes away without a will, they are considered to have died ‘intestate’. This renders the deceased person’s estate an ‘intestate estate’, which then passes to their next of kin, which is your spouse, your children, and your grandchildren.
When this occurs, an estate administrator is appointed to manage and distribute the intestate estate. At Queensland Probate, we can lift this weight off your shoulders with our team of estate administration lawyers Brisbane residents have trusted for years to help you distribute the deceased person’s assets in a professional manner. By relying on our expertise, you can focus on honouring your loved one's memory while we take care of the legal intricacies.
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How do I obtain Letters of Administration?
To obtain Letters of Administration in Queensland, the nominated executor or next of kin must file an application with the Supreme Court in Queensland. Before filing an application, a public notice must be lodged with the Queensland Law Reporter. A Letters of Administration application involves lodging an application and supporting affidavits and should include essential documents like the death certificate. The Supreme Court of Queensland will then review the intended application and if appropriate Grant of Letters of Administration.
Engaging with an experienced Letter of Administration lawyer, like those at Queensland Probate, can streamline this procedure, providing invaluable guidance and support to help you obtain the Letters of Administration efficiently and with minimal stress.
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How long does it take the Supreme Court to grant Letters of Administration?
The timeline for the Supreme Court to grant Letters of Administration in Queensland can vary. Still, it generally takes between six to twelve weeks from the date of filing the application.
This timeframe includes the court's review of the application, ensuring all necessary documents are in order, and addressing any potential issues or objections. The last thing you want is for the process to be delayed any longer, which is where our letters of administration lawyers can meticulously prepare your application and provide expert advice.
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What does a Letter of Administration need to include?
The process of applying for a grant can be difficult and complicated. To begin with, you are required to advertise your intention to apply in the Queensland Law Reporter. From there, you need to give a copy of the notice to the Public Trustee and allow 14 clear days for people to object. The fourth step is to prepare the documents for your application before filing with the Supreme Court.
To complete a Letter of Administration with a will, you will require the following documents:
- An application for probate
- The original will & two clear photocopies
- An affidavit in support
- Exhibits, including the original will, original death certificate, and an exhibit clause
- Affidavit of publication and service
- Notice of intention to apply for grant
- Certificate of exhibit
Without a will, you will require:
- An application for letters (intestacy)
- An affidavit in support
- Exhibits, including the original will, death certificate, and an exhibit clause
- Affidavit of publication and service
- Notice of intention to apply for grant
- Certificate of exhibit
If all of that sounds incredibly confusing, you’re not alone. This is where our legal team of experienced estate lawyers can ease the burden. We will ensure that every required detail is precisely documented, helping you smoothly navigate the complexities of estate administration. This comprehensive approach not only ensures legal compliance but also provides peace of mind during a challenging time.
Contact us today to learn more about our services.