Letters of Administration in Western Australia: No Will, Now What?

When someone dies without a will in Western Australia, no one has an automatic legal right to deal with their estate. Banks will freeze accounts, Landgate will not transfer property, and creditors have no authorised person to contact. The solution is Letters of Administration — a court order issued by the Supreme Court of Western Australia that authorises a family member or next of kin to act as the administrator of the estate.

It is the intestacy equivalent of a Grant of Probate. The process is similar in some respects but significantly more complex, because there is no will to confirm anyone's authority or the deceased's wishes. Families who do not understand what they are walking into often face delays that stretch beyond a year.

Who Has Priority to Apply?

The Administration Act 1903 (WA) establishes a strict hierarchy of who has priority to apply for Letters of Administration. The order is:

1. Surviving spouse or de facto partner (of at least 2 years)
2. Children of the deceased
3. Grandchildren
4. Parents
5. Siblings
6. More distant relatives

The person with the highest priority applies. If they choose not to, they must provide a formal Renunciation to the court before the next person in line can apply. If multiple people at the same priority level exist — say, three adult children — they can apply jointly, or one can apply and the others provide written consents to the court.

The Supreme Court will not simply take your word for who the family members are. The Affidavit of Applicant for Letters of Administration requires a detailed account of the family tree — every surviving relative in the priority hierarchy, their relationship to the deceased, and their position relative to the applicant.

A De Facto Partner Has the Same Rights as a Spouse

Under the Administration Act 1903 (WA), a surviving de facto partner has identical inheritance and administration rights to a legally married spouse, provided the relationship was continuous for at least two years immediately prior to death.

The catch is that the deceased can no longer confirm the relationship. The surviving partner must provide documentary evidence: joint utility bills, shared lease agreements, joint bank account statements, or records of sharing the same address. In some cases where the evidence is ambiguous, the Family Court of Western Australia may need to formally assess and confirm the de facto status. This adds significant time and cost to the application.

How Intestate Estates Are Distributed in WA

The Administration Act 1903 (WA) dictates the distribution formula. There is no discretion — the assets go where the Act says they go, regardless of what family members believe the deceased would have wanted.

The statutory legacy amounts were updated effective 5 July 2025:

Surviving spouse or de facto partner, with children: The spouse receives the household chattels (furniture, personal effects, vehicles for domestic use), the first $546,000 of the estate, and one-third of the remaining balance. The children share the remaining two-thirds equally, regardless of whether they are from the current or a previous relationship.

Surviving spouse or de facto partner, with no children: The spouse receives the household chattels, the first $815,500 of the estate, and one-half of the remaining balance. The deceased's parents receive the other half (with a $65,500 parental legacy applied where relevant).

No surviving spouse, children only: Children share the entire estate equally.

If the estate's total value falls within or below the statutory legacy, the spouse receives everything and no further distribution occurs.

What the Application Actually Requires

Letters of Administration applications are filed with the Supreme Court of Western Australia and must also be physically lodged — the eCourts Portal can assist with generating forms for straightforward applications, but the evidentiary requirements for intestacy are heavier than for probate.

The application typically includes:

• An Affidavit of Applicant detailing the intestacy, the family tree, and the applicant's priority
• A Schedule of Assets and Liabilities with date-of-death valuations
• A certified copy of the death certificate
• Renunciations or consents from any family members of equal or higher priority who are not applying
• Evidence of the de facto relationship if applicable

The court charges the same flat fee: $408 for a grant of Letters of Administration, regardless of estate value.

Processing takes 3 to 6 weeks from physical lodgement if the application is complete. Given the documentary complexity, intestacy applications have a higher rate of requisitions than standard probate applications. Each requisition adds 3 to 4 weeks.

The Public Trustee and Small Estates

If the gross value of WA assets is under $50,000, the Public Trustee of Western Australia can file an "Election to Administer" under the Public Trustee Act 1941 (WA) without going through the full Supreme Court process. This is faster but comes with fees — the Public Trustee charges on a commission-based scale that can take a meaningful slice of a modest estate.

For larger intestate estates, particularly where property is involved, the family is generally better served by applying for Letters of Administration themselves. The process is more involved than probate, and legal advice is strongly recommended at least for the initial preparation of the application documents.

Protecting Yourself From the Unexpected

Dying without a will creates problems that a will would have avoided — but the administration itself is manageable if you understand the process. The most common mistake administrators make is distributing assets before the six-month creditor period has expired, which exposes them to personal liability for any claims that emerge afterwards.

The WA Estate Settlement Guide covers the full Letters of Administration pathway, including the family tree affidavit requirements, the updated statutory legacy amounts, the creditor notice process under Section 63 of the Trustees Act 1962 (WA), and what to do when family members dispute who should apply or how assets should be divided.

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