Support when there is no will, or no executor able to act
Letters of administration in Melbourne
Losing someone close to you is never easy, especially when there’s no will or executor to step in. We help you obtain letters of administration in Melbourne with clear, compassionate guidance from our local team.
Specialist family law firm
We have 40+ years of experience dealing with family law matters.
Client focused
Get the help, guidance, and legal support you need to move forward.
Commendable service
We’re ranked in the top five family law firms in Melbourne.
Open and upfront
We will clearly outline expectations and a quote for legal fees following your initial consultation.
Secure a Melbourne estate with a letter of administration
Applying for letters of administration is often unfamiliar territory. Many people in this situation are grieving, unsure what steps to take, or confused by legal terms that don’t feel relevant to their personal loss.
At Carew Counsel, we understand how overwhelming this time can be. Our role is to help you move forward with clarity, empathy and confidence by providing trusted legal advice and guiding you through every part of the process. As trusted will and estate lawyers in Melbourne, we bring both legal expertise and emotional understanding to your matter.
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We'll guide you through every step of the process
We offer tailored legal support to help you understand your rights, prepare your application, and carry out your duties as an administrator with confidence. Whether you’re unsure where to start or facing a more complex estate (such as a possible dispute over validity or next of kin) our experienced team of will dispute lawyers in Melbourne can help clarify your options and responsibilities.
Advice on your eligibility
We assess your relationship to the deceased person and provide clear advice on whether you're eligible to apply for letters of administration in Victoria. If there are multiple eligible parties, we help you understand your options and responsibilities.
Preparing and submitting your application
We prepare all required documents and manage your application to the Supreme Court of Victoria. This includes identifying the deceased’s assets and liabilities, completing affidavits, and ensuring everything is lodged correctly.
Acting as administrator or supporting your role
Our team can act as administrator if needed, or support you in the role. We help you administer the estate in accordance with your legal duties, including notifying beneficiaries and distributing assets.
Managing disputes or complications
If there are questions about the estate, conflicts among family members, or other legal complexities, we provide experienced support to help you resolve issues sensitively and efficiently.
When to seek legal advice on a deceased estate
You should seek legal advice if someone close to you has died without a will, or if there is a will but no executor available to act. In these cases, letters of administration may be required to gain the authority to deal with the estate.
It’s especially important to get help if the estate is complex, involves property or business assets, or if there are multiple potential administrators. We guide you through your obligations and help protect the best interests of the estate.
Trust Carew's estate lawyer to see the process through
Applying for letters of administration can feel unfamiliar and overwhelming, but you don’t have to face it alone. Our experienced team will give you the confidence, clarity and support you need to move forward.
- Trusted letters of administration lawyers for Melbourne families seeking clear, expert advice.
- Support to help you understand your eligibility and the steps involved.
- Full management of legal paperwork, timelines, and Supreme Court communication.
- Expert guidance to ensure the estate is administered lawfully and smoothly.
- Professional resolution of any conflicts or challenges that arise.
- A focus on the estate’s best interests (and the people connected to it) in every action we take.
Our solution-focused process
Success stories
Many of our clients come to us during one of the most difficult times in their lives. These testimonials reflect the care, clarity and steady support we’re proud to offer every step of the way.
"10 Stars! Very happy & relieved that I chose Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledgeable, hardworking, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"10 Stars! Very happy & relieved that I chose Alex Carew & Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledeable, hard working, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"Carew Counsel team was recommended to me by one of my friends and my case was handled by Keleigh and her team very efficiently, with quick replies, flexibility to change requests and professionally. I am highly recommending them to their future clients and can only thank them with this review for their great work."
"I would like to thank and acknowledge all the team at Carew Counsel Solicitors for representing me in my recent financial settlement matter. I highly recommend that you engage Carew Counsel Solicitors to represent you in your family law matter."
"Across my two year fight to save my son from serious harm, Alex Carew was there every step of the way. His wisdom, professionalism, empathy, meticulous notes, and steadfast negotiation yielded a result which will protect my son now, and for years to come. I can't recommend him and his firm highly enough."
"To the Carew Counsel team. I would like to thank you all for your interest, professionalism, and humanity. You enabled a very stressful process to be handled with diligence and care. I am very grateful to you all for assisting me with this. Most of all, a big thank you to you Jenni Mooney, for your competence, professionalism and humour. Because of you, the process was as least stressful as feasibly possible. My heart goes out to you. Carew Counsel are lucky to have you. All the best to you all."
"To the Carew Counsel team. I would like to thank you all for your interest, professionalism, and humanity. You enabled a very stressful process to be handled with diligence and care. I am very grateful to you all for assisting me with this."
"In what was a difficult time to go through, I'm thankful that I had the team at Carew in my corner. I received sound advice all the way through the process and felt proud of the dignified way that my case was being responded to. I would certainly recommend Madison and the team at Carew for their professionalism, experience, integrity and dedicated service."
Why choose Carew Counsel
You come first
We know this process is more than just paperwork. It’s about looking after your loved one’s legacy. That’s why we focus on understanding your needs and supporting you with care.
Decades of legal experience
With over 40 years of experience, we’ve supported hundreds of families through the process of applying for letters of administration across all kinds of estates.
Plain English, not legalese
We explain each step of the process in plain English, so you always understand your options and feel confident in your decisions.
Transparent costs
We offer clear pricing and practical advice from day one, so there are no surprises and you can focus on what matters most.
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Frequently asked questions
Many people have questions about what letters of administration mean, who can apply, and how the process works. This section answers some of the most common concerns to help you feel more prepared and informed.
If someone dies without a valid will, this is called dying intestate, and the deceased estate is managed according to Victoria’s legal framework. The law sets out who can apply for letters of administration and how the estate is divided.
In most cases, the deceased’s next of kin will be eligible to apply. The process can become complex if there are disputes between family members, blended families, or uncertainty around the assets of the estate. Legal guidance helps reduce stress and ensure the estate is managed properly.
This process is governed by the Administration and Probate Act 1958 (VIC). The Act outlines the rules of intestacy, including the order of priority for who inherits and who can administer the estate. It’s important to understand how this law applies to your situation, especially if the estate involves property, children, or complex family dynamics.
The person eligible to apply is usually the deceased person’s closest living relative, such as a spouse, adult child, or sibling. They must be over 18 and willing to take on the legal responsibilities of administering the estate.
If multiple people are eligible, you may need to decide who should apply or apply jointly. In some cases, a solicitor or trustee may be appointed instead. A legal professional can help you understand your options and the process of obtaining letters.
Probate is granted when there is a valid will and an executor named who is willing and able to act. Letters of administration are granted when there is no will, or when the executor cannot or will not take on the role.
Both are legal processes through the Supreme Court that give someone the authority to administer the estate. This includes managing the deceased person’s assets, paying debts, and distributing the estate in accordance with the law.
Not always. Some smaller estates (especially those without real estate or large bank accounts) may not require letters of administration to be released.
However, many institutions (like banks or super funds) will still request formal documentation before releasing funds. If you are unsure whether you require letters of administration, it’s worth speaking with a lawyer who can assess the estate assets and explain your options.
This is a type of grant that applies when there is a will, but the named executor has died, is unwilling to act, or is otherwise unable to fulfil the role. In this situation, someone else (usually a next of kin or beneficiary) must apply to the Supreme Court for authority to administer the estate.
This process still relies on the contents of the will but requires the applicant to follow a similar path to a standard letters of administration application. It is sometimes referred to as letters of administration with the will annexed.
Some steps in the process, such as completing forms or submitting documents, can be done electronically. However, the application still needs to be formally lodged with the Supreme Court, and supporting documents must meet strict legal requirements.
Working with a lawyer helps ensure you apply correctly, whether online or in person. Our team of Melbourne lawyers can assist you with every step, from initial advice to lodging your application for letters of administration.
In Victoria, it typically takes 4–8 weeks from the time your application is lodged to receive the grant. This timeline can vary depending on court processing times, the complexity of the estate, and whether additional information is required.
Delays can occur if the application is incomplete or if disputes arise between potential administrators. A legal professional can help you prepare properly and avoid unnecessary setbacks in the legal process.
Once you obtain a grant of letters of administration, you become responsible for administering the estate. This includes identifying and collecting the deceased person’s assets, paying any debts, and distributing what remains to eligible beneficiaries.
You must act in the best interests of the estate and comply with all legal obligations. If you're unsure how to proceed, lawyers can also support you through the estate administration process and help ensure everything is completed correctly.