Letters of Administration SA: The Process Explained
If you're looking for information on letters of administration in South Australia, you've come to the right place. This blog post will provide an overview of what letters of administration are and who can apply for them in SA.
We'll also provide links to more detailed information so that you can get started on the application process as soon as possible!
Applying for a grant in South Australia
When someone dies and leaves assets behind in South Australia, a relative or legal representative may need to apply to the Court for a grant through CourtSA. The Probate Registry of the Supreme Court of South Australia issues grants recognising the appointment of a legal representative to administer the estate.
You can obtain the grant by:
- Engaging a solicitor to act on your behalf;
- Authorising a Public Trustee to act as administrator;
- Allowing a trustee company to act as executor or administrator;
- Applying yourself.
Who is entitled to a deceased's estate in SA?
When a person dies without a Will in SA, there is an order of people that the Administration and Probate Act 1919 under South Australian legislation follows to determine who inherits all or a portion of the estate. The order of people entitled is as follows:
- Spouse or de facto partner;
- Spouse or de facto partner and children;
- Children (If a deceased's children have passed away, this extends to their children and also includes adopted children);
- Parents;
- Siblings;
- Grandparents;
- Aunts and Uncles
The purpose of this sequence is to determine if the deceased had any relatives that could administer the estate. Once the deceased’s next of kin have been identified following the order above, the legislation determines what percentage of the estate each person will receive.
Who can apply for Letters of Administration in SA?
Those eligible to apply for a Letter of Administration in SA are generally people who are entitled to all or part of the deceased's estate. However, under the laws of SA letters of administration, two or more people entitled to the estate can apply jointly.
How to Apply for Letters of Administration SA
Applying for Letters of Administration in SA is sometimes a challenging and lengthy process. However, here is a high-level overview of the steps involved in the process:
- Obtain the death certificate by applying to the South Australian government.
- Determine who should apply for the grant by referring to the list of people entitled to the estate.
- Complete the grant application form online. This form can be tricky so we recommend getting assistance from letters of administration service.
- Lodge your application through CourtSA website.
Final Thoughts
Applying for Probate and Letters of administration in SA can be a complex process, but you can navigate the application smoothly with the right information and support. If you're looking for more detailed information on Letters of Administration vs Probate, click the links below:
When do you need Probate vs Letter of Administration?
Letters of Administration: The Complete Guide
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