What are Letters of Administration with the Will Annexed?

Letters of Administration with the Will Annexed means that there is a Will, but either no executor has been appointed in the Will, or the appointed executor has died or is unwilling or unable to act. In those circumstances, Letters of Administration ought to be obtained to administer the estate.

This type of application is required because the Will cannot operate on its own, and the Court must appoint someone to administer the estate in place of the executor. The Will is filed (“annexed”) with the application, and the administrator must follow the terms of the Will as if they were the executor.

When a person dies in South Australia, leaving assets and a Will without an executor who can act, Letters of Administration with the Will Annexed ought to be obtained for someone to be legally appointed to carry out the following responsibilities:

• Distribute the estate according to the terms of the Will;
• Manage and access the deceased’s finances, assets, and personal belongings;
• Carry out the instructions and wishes specified in the Will.

Who Can Apply for Letters of Administration with the Will Annexed?

Anyone entitled to the estate under the Will can apply for Letters of Administration with the Will Annexed. Generally, the person set to inherit the largest share of the estate is the one who applies, often being the closest relative of the deceased.

The Court considers granting Letters of Administration in order of priority to:

• The spouse or de facto partner;
• Children;
• Siblings;
• Another close relative or family friend; or
• Any other person the Court deems suitable.

How to Apply for Letters of Administration?

In South Australia, applying for Letters of Administration can be complicated and is generally more involved than applying for Probate. The entitled person must first obtain a death certificate and provide an affidavit explaining why the named executor cannot act.

Do You Need Letters of Administration if There’s a Valid Will?

If a person dies leaving a Will without an executor who can act, a beneficiary named in the Will can apply for Letters of Administration with the Will attached. This applies in situations such as:

• No executor is named in the Will;
• The executor died before the deceased or before applying for Probate;
• The executor has renounced their role; or
• The executor is unable or unwilling to act.

When the Court grants Letters of Administration, the administrator must still follow the terms in the Will and distribute the estate accordingly, effectively taking on the executor’s responsibilities.

Letter of Administration Costs & Fees

As of July 2025, the SA Supreme Court filing fee for Letters of Administration was as follows:

• $987 for estates valued at $200,000 or less.
• $1,973 for estates valued between $200,001 and $500,000.
• $2,628 for estates valued between $500,001 and $1,000,000.
• $3,945 for estates valued at more than $1,000,000.

Contact Us

For more information, contact Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.

• Fill in our enquiry form here
• Call us on 08 8362 5269
• Like us on Facebook
• Follow us on LinkedIn

Read more about our Probate and Estate Administration services here.

Related Blog – Understanding the Implications of Dying Intestate

Get Started Online

Get Started Online

Estate Planning >