A person appointed by the court to administer the estate of a deceased person who died intestate or where no executor is named or able to act.
When someone dies without a will (called dying "intestate"), there's no executor named to handle their estate. Instead, a family member must apply to the court to be appointed as administrator.
The administrator does the same job as an executor—gathering assets, paying debts, distributing what's left—but their authority comes from the court (via Letters of Administration) rather than from a will.
⏱ When you'll encounter this term
- A family member died without leaving a will
- The named executor cannot or will not act
- Applying for Letters of Administration at the court
- Dealing with banks or property after a death
"After Dad passed away without a will, my sister applied to become the administrator of his estate."
⚖️ Compare: Administrator vs Executor
Appointed by the court when there's no will. Receives Letters of Administration.
Named in the will by the deceased. Receives Grant of Probate.
💡 Why this matters
If someone dies without a will, their estate can't be accessed until the court appoints an administrator. This process takes time — often 4 to 8 weeks — during which bank accounts are frozen and property can't be sold.
Knowing who can apply, and the priority order, helps families act quickly and avoid costly delays.
⚠️ Common mistakes
- Assuming a spouse or child can automatically access accounts without court approval
- Not applying for Letters of Administration before trying to deal with banks or property
- Waiting too long to apply — delays can freeze assets for months
- Confusing administrator with executor — they have the same duties but different authority sources
💡 Did you know?
Courts follow a priority order when appointing an administrator—typically surviving spouse first, then children, then parents, then siblings. However, the exact order and rules vary between Australian states and territories, so check the requirements in your jurisdiction.