Letters of Administration WA: The Process Explained
If you have recently lost a loved one and they had assets in Western Australia, you may be wondering what to do next. Applying for letters of administration WA is the first step in distributing the deceased's assets if they died intestate,
In this guide, we'll explain the process of applying for letters of administration WA, so that you can get started on securing your loved one's estate.
When are letters of administration required in Western Australia?
Letters of administration in Western Australia is required to collect, distribute and manage the estate of someone who passes away without a Will. Under the Administration Act 1903 in WA, there is an order to who is entitled to distribute the estate.
Who can apply for letters of administration WA?
Technically anyone can apply for letters of administration in WA. However, according to WA legislation, there is an order of people who the court considers first based on their entitlement to the estate. This order includes the following people:
Spouse or de facto partner
Children
Parents and Siblings
Next of Kin (one or more)
Any person that the court sees fit
In WA, the court also determines what percentage those entitled will receive of the estate and how they will share it.
How do I apply for letters of administration in WA?
To apply for letters of administration in WA, you need a few main documents and specific forms depending on whether there is a valid Will or if you’re submitting the application without a Will. The main documents you need include a motion, an affidavit, and a statement of assets and liabilities. You might also require a letter of consent and sureties.
What is a suretie?
Suppose there is a beneficiary to the estate under the age of 18. In that case, the application for letters of administration must find two sureties to guarantee they will protect the beneficiaries interest and make good with any financial loss the minor may suffer from the applicant's actions.
What is a letter of consent?
A letter of consent is an individual letter from each person who’s entitled to apply for letters of administration but isn’t. This letter is to say that they approve and consent to other person applying for the grant.
Final Thoughts
After you obtain a grant of letters of administration, there are several steps you must do next to manage and distribute the deceased estate. The process can be challenging and confusing for those who have never done it before.
Willed's Letters of Administration service is led by industry professionals who can help you through the process from start to finish. Starting with a free phone consultation, we'll help complete and lodge the application.
To learn more, contact our team today.
