Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for Letters of Administration applications on intestacy in Victoria. Designed explicitly for estate litigation and administration solicitors, this guide outlines the process under the Victorian intestacy rules. Additional procedural resources can be found on the Victoria Government Portal and the Victoria Legislation Registry.
Jurisdiction: This guide applies to intestacy administration applications filed in the Supreme Court of Victoria, Australia. Verify current guidelines on the official .
Governing Legislation: Administration and Probate Act 1958 (VIC) Part IA which covers intestacy rules governing distribution of estates where no valid Will exists. Supreme Court (Administration of Estates) Rules 2023 which covers procedural requirements for Letters of Administration applications. Trustee Act 1958 (VIC) s 33 which covers creditor notice protection for administrators. Monetary Units Act 2004 (VIC) which covers annual fee and threshold adjustment mechanism. Verify current guidelines on the official Victoria Legislation Registry.
The Process at a Glance: Letters of Administration are required when the deceased dies without a valid Will (intestacy). The process involves: (1) establishing the applicant's priority under the statutory hierarchy (spouse > children > grandchildren > parents > siblings > grandparents > aunts/uncles > first cousins), (2) conducting a comprehensive family tree audit, (3) performing thorough Will searches across solicitor databases, banks, and personal papers, (4) obtaining consents or renunciations from all persons with higher or equal priority, (5) publishing the Notice of Intention on RedCrest-Probate (mandatory since 11 Nov 2024) and waiting 14 clear days, (6) drafting Form 3-9C Administrator Affidavit via the portal, (7) addressing:, surety bond requirements if minor beneficiaries are involved, (8) filing electronically via RedCrest, (9) distributing per the intestacy formula (statutory legacy $573, 640 FY 2025-2026 plus percentage of residue to spouse), (10) preparing final estate accounts. Practitioners should check the official Victoria Government Portal and Victoria Legislation Registry for regular procedure updates.
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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Statutory priority hierarchy for administrators under Part IA, Administration and ***Probate Act 1958 (VIC)***:
(1) Spouse or domestic partner
(2) Children
(3) Grandchildren
(4) Parents
(5) Siblings
(6) Grandparents
(7) Aunts and uncles
(8) First cousins
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft Form 3-9A Originating Motion and Form 3-9C Affidavit of Administrator.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Submit the administration application and publication affidavits via RedCrest.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
VIC intestacy statutory legacy: $573,640 for FY 2025–2026 (adjusted annually per Monetary Units Act 2004).
The statutory legacy applies only where the deceased is survived by both a spouse and children from a different relationship. Spouse also receives personal chattels plus 50% of the residue; remaining 50% to children equally.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.