Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the deceased died without a will (intestate) and an eligible person - usually the surviving spouse, de facto partner, or adult children - is applying to administer the estate. Without a will, no executor has been named, so the court grants letters of administration to authorise the applicant to collect assets and distribute them according to the statutory intestacy rules.
Jurisdiction: Supreme Court probate registry for the relevant state (NSW, VIC, or WA) based on the deceased's domicile at death.
The Process at a Glance: Confirm there is no will by conducting a thorough search. Identify the eligible administrator under the relevant state's intestacy hierarchy (spouse/de facto first, then children, then other relatives). Prepare the application, administrator's affidavit, and estate inventory. Lodge with the probate registry and pay the filing fee. Once the grant issues, collect and distribute the estate according to the statutory intestacy scheme.
Key Legislation and Case Law: Distribution on intestacy is governed by the Succession Act 2006 (NSW) Part 4, the Administration and Probate Act 1958 (VIC) Part I Division 6, or the Administration Act 1903 (WA). The eligible administrator hierarchy is set by each state's probate rules. De facto relationships are recognised under each state's intestacy scheme subject to evidence of the relationship. A grant of letters of administration gives the administrator the same authority as an executor.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate (Executor) - Letters of Administration (Intestacy Alternate) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Verify family tree, perform searches for Wills, and publish notice of intention to apply.
Draft Form 3-9A Originating Motion and Form 3-9C Affidavit of Administrator.
Submit the administration application and publication affidavits via RedCrest.
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