by jaws2k  25/06/2018  124 Page Views
1 Comments  Wills, probate, letters of administration, powers of attorney

Just wanting some quick advice about whether a LOA is required. The state specifically is WA.

There was a recent passing in the family, and we cannot find a will - we have made a thorough search and a number of various enquiries.

They left a house titled as joint tenants with their spouse (~$300k).

Everything else was in their name solely - a car ($7k), savings ($5k), and non-liquid collectable assets that they valued at around $35k. There is no super, insurance or other assets.

However, there was a considerable amount of credit card debt of around $50-60k. Given this, the estate is effectively insolvent, and this is before funeral costs of ~$15k.

I believe the creditors cant touch the house under intestate laws.

My question relates to the Administration Act 1903.
Section 55 says where an estate does not exceed $10k, application for LOA can be made direct to the Principal Registrar; and section 56 states that the registrar must give information/forms to an applicant in order to do this.

Would the above be applicable in this situation?