When someone dies without a valid Will, families are often left asking the same question: Who has the legal right to administer the estate?
In Victoria, the answer isn’t based on who volunteers first or who was closest to the deceased. Instead, the law establishes a clear order of priority that determines who is entitled to apply for Letters of Administration. Understanding this hierarchy is essential. Applying when you don’t have the appropriate legal standing can result in delays, additional costs, or your application being rejected by the Supreme Court.
This guide explains who can apply for Letters of Administration in Victoria, how the statutory order of entitlement works, and what steps eligible applicants must take.
What Are Letters of Administration?
Letters of Administration are a grant issued by the Supreme Court of Victoria that authorises someone (known as the administrator) to manage a deceased person’s estate when there is no executor able to act.
Unlike Probate, which confirms the authority of an executor named in a valid Will, Letters of Administration are required where:
- the deceased died without a valid Will (intestacy);
- the Will is invalid or does not appoint an executor; or
- the appointed executor has died, refuses to act, or is unable to perform their duties.
Once appointed, the administrator has legal authority to:
- identify and collect estate assets;
- pay outstanding debts and liabilities;
- deal with banks, government agencies and property transfers; and
- distribute the estate according to Victorian succession laws or, where applicable, the terms of the Will.
Also Read – How Long Does Probate Take in NSW? A Clear Timeline for Executors
What Gives Someone the Right to Apply?
The key principle under the Administration and Probate Act 1958 (Vic) is that the Court generally appoints the person with the greatest entitlement to benefit from the estate.
In most intestate estates, this means the person highest in the legal order of succession.
To apply, a person must generally:
- be at least 18 years of age;
- have legal capacity to administer the estate; and
- have priority under Victoria’s intestacy rules or otherwise be entitled to apply.
The Supreme Court generally appoints the closest next of kin who is legally entitled to share in the estate, rather than simply the person who wishes to administer it.
The Order of Priority for Letters of Administration in Victoria
When a person dies without a valid Will, the Supreme Court of Victoria generally expects the application for Letters of Administration to be made by the person with the highest entitlement under the statutory order of priority.
This hierarchy helps determine who has the first right to apply for the Grant and reduces the risk of competing applications.
Also Read – Applying for Letters of Administration in Australia: A Clear Guide for Families Facing Intestacy
1. Surviving Spouse or Domestic Partner
A surviving spouse has the highest priority to apply for Letters of Administration. This also includes an eligible domestic (de facto) partner who satisfies the legal requirements under Victorian law, such as generally having lived with the deceased on a genuine domestic basis for at least two years or having a child together.
Where both a legal spouse and an eligible domestic partner survive the deceased, the Court may require them to apply jointly or determine who should be appointed as administrator.
2. Children
If there is no surviving partner who is able or willing to apply, the deceased’s adult children generally have the next priority. This includes biological and legally adopted children. Stepchildren do not automatically have standing to apply unless they have been legally adopted or are otherwise entitled under the law.
Where there are multiple children with equal priority, they may:
- apply together as co-administrators;
- nominate one child to apply with the written consent or renunciation of the others; or
- ask the Court to determine who should be appointed if they cannot agree.
3. Grandchildren
If the deceased’s children are unable or not entitled to apply, for example, because they have predeceased the deceased, the next generation may become eligible to apply.
Whether a grandchild has standing depends on the particular family circumstances and the operation of Victoria’s intestacy laws.
4. Parents
If there is no surviving partner, child or grandchild able to apply, the deceased’s surviving parent or parents generally have the next priority. Where both parents are living, they may apply jointly or nominate one parent to act.
5. Brothers and Sisters
If no closer relatives are available or willing to act, the deceased’s siblings may apply for Letters of Administration. If there are multiple siblings with equal priority, the same principles apply, they may apply together or one may apply with the consent of the others.
6. Grandparents
If there are no eligible applicants in the earlier categories, a surviving grandparent may apply.
7. Aunts and Uncles
The next level of priority generally includes the deceased’s aunts and uncles. If appropriate, the Court may also consider more remote relatives where no closer eligible family members exist.
8. The State of Victoria
Where no eligible family member can be identified or is willing to administer the estate, the Court may appoint another suitable person or, in rare cases, the estate may ultimately pass to the State of Victoria in accordance with Victorian law.
Important: Being next in the statutory order does not automatically guarantee appointment. The Supreme Court retains discretion to determine whether an applicant is suitable and may require evidence that those with a higher priority have renounced their right to apply or do not wish to act.
What Happens if More Than One Person Has Equal Priority?
Equal entitlement is common. For example:
- two adult children;
- several siblings; or
- both surviving parents.
In these situations, the Court generally prefers:
- a joint application by all eligible applicants; or
- one person applying with the written consent or renunciation of the others.
If agreement cannot be reached, the Supreme Court has discretion to determine who should administer the estate. Obtaining legal advice early can often prevent lengthy family disputes and unnecessary court involvement.
What If There Is Both a Spouse and a Domestic Partner?
Modern families can create more complex succession issues. Victoria’s legislation recognises that, in certain circumstances, a deceased person may leave:
- a legal spouse; and
- an eligible domestic partner
Both may have rights under the Administration and Probate Act 1958 (Vic), both in relation to the estate itself and, potentially, the application for administration. These matters can become legally complex and often require the Court to determine entitlement where agreement cannot be reached.
Letters of Administration With the Will Annexed
Not every application for Letters of Administration involves someone dying without a Will.
Sometimes there is a valid Will, but:
- no executor was appointed;
- the executor has died;
- the executor refuses to act; or
- the executor lacks capacity
In these situations, the appropriate application is Letters of Administration with the Will Annexed.
Unlike intestacy applications, priority generally goes to the principal beneficiary (or beneficiaries) named in the Will rather than following the intestacy hierarchy. Applicants must also account for the position of every named executor, including obtaining a renunciation where required.
How to Apply for Letters of Administration in Victoria
Once you’ve confirmed that you have legal priority, the application process generally involves several steps.
Step 1: Publish a Notice of Intention
Before lodging the application, you must publish a Notice of Intention through the Supreme Court of Victoria’s Probate Online Advertising System (POAS).
You must then wait at least 14 days before filing your application.
Step 2: Gather Supporting Documents
Typical documents include:
- the official Death Certificate;
- an inventory of the deceased’s assets and liabilities;
- identification documents;
- affidavits required by the Court; and
- written consents or renunciations from other eligible applicants where applicable.
Accurate documentation helps avoid requisitions and delays.
Step 3: Lodge the Application
The completed application is lodged with the Supreme Court of Victoria.
The Court reviews the application to ensure:
- the applicant has the appropriate legal standing;
- all procedural requirements have been satisfied; and
- the estate can be lawfully administered
Once approved, the Court issues the Grant of Letters of Administration, giving the administrator legal authority to act.
When You May Not Need Letters of Administration
Not every estate requires a formal grant. For example:
Assets Held Jointly
Where assets such as a jointly owned home or joint bank account are held as joint tenants, ownership usually transfers automatically to the surviving joint owner.
Small Estates
Some financial institutions will release smaller balances without requiring a grant.
In addition, the Supreme Court of Victoria offers an optional small estates service for eligible estates below the prescribed value threshold, which is adjusted annually. For deaths occurring between 1 July 2026 and 30 June 2027, the threshold is $137,210. Because banks and other asset holders often have their own requirements, it’s important to confirm whether a grant is needed in your specific circumstances.
Frequently Asked Questions
Can more than one person apply for Letters of Administration?
Yes. Up to four eligible applicants can generally apply together, provided they have equal entitlement and meet the Court’s requirements.
Can a stepchild apply?
Generally, no. Unless legally adopted or otherwise entitled under the relevant legal framework, stepchildren are not included in Victoria’s intestacy hierarchy.
What if nobody with priority wants to apply?
An eligible person with the next level of priority may apply, usually after obtaining formal renunciations from those with a superior entitlement.
Can someone challenge who applies?
Yes. If there is a dispute regarding priority or suitability, the Supreme Court has discretion to determine who should administer the estate.
Need Advice About Your Eligibility?
Determining who can apply for Letters of Administration in Victoria is more than a procedural step, it determines who has the legal authority to manage the entire estate. Applying without the correct entitlement can result in costly delays, rejected applications and unnecessary family conflict.
If you’re unsure where you stand in the order of priority, or you’re dealing with competing claims from family members, obtaining legal advice early can help protect your position and keep the estate administration process moving.
Contact our Victorian Estates Law Team today at Australian Probate for a confidential assessment of your eligibility. We’ll confirm your legal standing, prepare the necessary documentation, and help ensure your application for Letters of Administration is completed accurately the first time.
