Probate and Letters of Administration
Probate and letters of administration are the processes that give someone legal authority to manage a deceased person’s estate, and many people are unsure which process applies or what steps are involved. This page explains the general requirements for obtaining probate or letters of administration, the documents that may be needed and how Law Tram provides a secure and obligation-free way to connect with licensed Australian lawyers who can guide you through the process.
Understanding probate and letters of administration in Australia
When someone dies, their estate usually cannot be accessed or distributed without legal authority. If the deceased left a valid will, this authority is granted through probate. If there was no will, or no executor is available, a similar authority is granted through letters of administration.
These are court-issued documents that allow the executor or administrator to legally manage and distribute the estate. Whether you’re named in the will or applying as next of kin, the process can be complex — and small errors can cause major delays.
Law Tram connects you with lawyers who guide you through probate or letters of administration efficiently and with full legal support.
Law Tram can assist with probate and administration, including:
- Explaining whether probate or letters of administration is required for your situation
- Preparing and lodging the correct documents with the Supreme Court
- Helping executors or next of kin understand their responsibilities
- Clarifying what happens when a will can’t be located or is informal
- Advising when joint assets or small estates may not need probate
- Supporting applicants from interstate or overseas
- Responding to disputes, delays or challenges to the application
- Assisting if there are multiple wills or issues with the executor
Why choose Law Tram
- Connect with lawyers who understand probate and letters of administration
- Confidential platform to outline your situation and ask questions
- Guidance on what information or documents may be relevant
- No obligation to engage any lawyer you speak with
- Lawyers help you understand the legal considerations involved
How it works
Confidential and Secure Questionnaire
Start by completing our secure online questionnaire. This step allows you to provide essential details about your legal matter and financial circumstances.
Confidential Legal Snapshots
Law Tram’s advanced technology generates a confidential legal brief summarising your case while keeping your personal details private.
Review by Licensed Australian Lawyers
Your confidential legal snapshot is shared with our network of vetted lawyers who review your case to determine how they can assist.
Connect with a Lawyer
If a lawyer believes they can help, they will initiate a chat with you through the Law Tram platform. Your contact details remain private unless you choose to share them.
No Obligation
You’re under no pressure to retain any lawyer unless you’re confident in their ability to assist. Law Tram empowers you to make informed decisions.
What others are saying
Real experiences from people who used Law Tram for estate-related matters:
Take the first step toward resolution
Law Tram offers a secure, efficient and supportive way to connect with lawyers who understand the legal issues involved in probate and letters of administration. Whether you need help understanding the application requirements, gathering supporting documents or navigating delays or complications, our platform helps you access tailored legal guidance before you decide how to proceed.
Take the first step with clarity and peace of mind by starting your free online consultation with Law Tram now.
Frequently Asked Questions
Probate is a legal process where the court validates a will and gives the named executor authority to deal with the estate.
Letters of administration are issued when there is no valid will or no executor is available, giving someone (usually next of kin) legal authority to manage the estate.
Not always. Small estates or jointly held assets may not require probate. A lawyer can advise based on the specific assets involved.
It varies by state and court workload but often takes between 4 to 8 weeks from application to grant — longer if complications arise.
Yes. Lawyers can assist you remotely, and documents can often be submitted electronically or by mail.
A copy of the will, the death certificate, asset information and any correspondence from financial institutions may assist a lawyer in explaining your next steps.
Probate generally applies when there is a valid will and an executor is named, while letters of administration are used when there is no will or no available executor. A lawyer can explain which process is likely to apply to your situation.
Yes. In some cases, joint executors or joint administrators can be appointed. A lawyer can outline when joint appointments may be appropriate and what responsibilities each person has.
Additional steps may be required where assets are held interstate or in another country. A lawyer can discuss options such as resealing probate or making separate applications where necessary.