Applying for a Grant of Letters of Administration in Queensland
Where a person has died without a Will, or alternatively with a Will that does not meet the formal requirements, the person wanting to...
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Grants & Procedures
Applying for a Grant of Probate or Grant of Letters of Administration
RHC Solicitors have extensive experience in wills and estates, including applying for a Grant of Probate or Letters of Administration. Our Queensland lawyers are strongly connected to prominent estate professionals and barristers and understand the complexities and requirements when it comes to obtaining a Grant of Representation of an estate.
Estate administration is the process by which a deceased person’s estate is called in and then distributed in accordance with the deceased’s Will, or the Succession Act 1981 (Qld).
The estate administration process generally (depending on the nature and extent of the estate) requires a Grant of Representation, which is an order by the Supreme Court of Queensland and encompasses either a Grant of Probate or Letters of Administration.
Grant of Probate
Where a person dies leaving a valid Will, a Grant of Probate should be sought, which is the process by which a person, referred to as the executor and/or trustee, is appointed by the Court to administer the estate of the deceased person.
Grant of Letters of Administration
Where a person dies without leaving a valid Will, Letters of Administration should be sought, which is the process by which a person, referred to as the administrator, is appointed by the Court to administer the estate of the deceased person.
Before a Grant of Probate or Letters of Administration
In Queensland, the deceased’s real and personal property vests in the Executor of the Will upon death or otherwise vests in the Public Trustee if there is no Will.[1] Once a Grant of Letters of Administration is obtained, the estate will then vest in the Administrator as at the date of death.[2]
When administering an estate, a Grant of Representation is one of the first steps required. It depends on the nature of the assets (for example if there is real estate that needs to be transferred to a beneficiary), as to whether a grant will be needed. If there are contentious issues that may arise or the estate is likely to be litigated against or a family provision order sought, then it is likely that a Grant of Representation would be required.
The Grant of Representation is a legal document (which can be obtained in the form of Probate or Letters of Administration) that is issued under the seal of the Supreme Court. It confirms and gives authority to the legal personal representatives (either the executor or administrator of the estate) and given them the authority to deal with the estate.
[1] Succession Act 1981 (Qld) s 45(1).
[2] Succession Act 1981 (Qld) s 45(4).
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