Apply for Letters of Administration in NSW
If someone dies without a Will, then Letters of Administration is required to determine who can administer the estate (the administrator).
Find out if you need Letters of Administration in NSW, and use our fixed fee online service to apply and let our expert Wills and estate lawyers take on the administrative burden for you.
Why use our Letters of Administration service?
Do your Letters of Administration application online
Let us take care of the administrative burden
Take the stress out of your executor role
Claim the cost against the estate.
What is Letters of Administration?
If someone close to you has died without leaving a valid Will, Letters of Administration allows you to legally administer the estate. An estate may include any bank accounts, shares, property and other assets that belonged to the deceased.
Do I need to apply for Letters of Administration in NSW?
Generally speaking, if there is no Will, you will need to apply. For smaller estates where there is no real estate, you may be able to avoid applying for Letters of Administration. If this is the case, you can speak to the relevant financial institutions such as banks and superannuation funds to find out whether assets can be released without Letters of Administration.
If the appointed executor of a Will is unable or unwilling to fulfill the role or has died, another next of kin will need to apply for Letters of Administration.
Our fixed fee includes
- preparing your application to the Supreme Court
- meeting with you to witness the signing of your application
- advertising your intention to apply for Letters of Administration for administration of the estate
- lodging your application at the Supreme Court
- advising you about your responsibilities as administrator of the estate
- providing you with certified copies of the Letters of Administration.
Why Maurice Blackburn
- we have a dedicated Wills and Estates team who specialise in Letters of Administration applications
- our service offers genuine value for money
- our experienced lawyers will manage the Supreme Court application
- we have substantial legal experience in managing complex Letters of Administration applications.
Frequently Asked Questions
You will need to apply to the Supreme Court of NSW with a complete inventory of the deceased's assets and liabilities as well as an affidavit addressing your relationship to the deceased and why you should be considered the administrator. You may also be asked to provide originals and photocopies of relevant documents such as birth or marriage certificates.
This can be a complex process at a stressful time. If you are preparing to apply for Letters of Administration, use our easy to use online Letters of Administration service and let us take the burden out of your hands.
An executor is the person or group of people appointed in a Will to administer the estate. If you are the executor, this means you are in charge of distributing the assets of the deceased person after any liabilities like taxes have been paid.
Letters of Administration grants a person, or group of people, the right to administer an estate where there is no valid Will. Once the Letters of Administration are received, the administrator has the authority to collect assets and begin distributing the estate in accordance with the laws of intestacy.
The laws of intestacy are a formula in an Act of Parliament regarding how a deceased person's estate is to be distributed where there is no Will.
Property in the form of real estate generally requires Letters of Administration. Estates which are smaller in value including shares, bank accounts and superannuation require Letters of Administration according the policy of the individual financial institution.
Probate is an order made by the court that proves that a Will is legally valid and confirms the authority of the appointed executor, while Letters of Administration appoints a person or people to administer an estate where there is no Will. You cannot apply for probate if there is no Will. Likewise, if there is a legally valid Will you will need to apply for probate rather than Letters of Administration.
Letters of Administration is required when there is no Will (known as intestacy) and the assets in the estate are substantial.
Letters of Administration can also be required where there is a Will and where all executors in the Will either choose not to act, or cannot act, for example where the executor passed away before the deceased.
Generally, Letters of Administration are not required if the deceased left a Will. However, if the appointed executor in a valid Will is not willing or able to fulfil their role, the next of kin will have to apply for Letters of Administration.
If there is no Will and you have not applied for Letters of Administration, the financial institutions that hold the assets of the deceased may refuse to release those assets depending on their policies.
It is generally expected that an administrator will start the probate application process within 3 months of the date of death.
The administration of the estate should be completed within 12 months from the date of death.
The Office of Probate of the Supreme Court of NSW issues these grants.
If you need Letters of Administration, you can avoid applying directly to the Supreme Court by using our online application system, helping speed up the process and relieving some of the administrative burden.