Template to Help You Obtain Letters of Administration for an Estate in NSW

When a loved one passes away, their estate may need to go through the process of applying for letters of administration if there is no will. The first step, of course, is to verify that there is in fact no will - that means you need to conduct some searches. In such circumstances, the court may grant Letters of Administration to a suitable person to manage the estate. Our template helps you navigate the process, where it is not a contested application, by giving you a step-by-step map for obtaining Letters of Administration in New South Wales. If a caveat has been filed then there is likely to be contested application and this template will not work and is not suitable. After letters of administration are obtained, assuming there are no issues, you can collect the deceased's assets, pay applicable debts and pay the beneficiaries their share.

Determine if you are eligible to apply for Letters of Administration.

Before applying for Letters of Administration, it’s important to determine if you are eligible to do so. In NSW, the person who is entitled to apply for Letters of Administration is usually the deceased’s next of kin. This includes their spouse, children, parents, siblings, or other close relatives. If there is no next of kin, the court may appoint a suitable person to act as the administrator of the estate. It’s important to note that if the deceased left a will, the executor named in the will is usually the person who applies for probate, not Letters of Administration. In some cases it is not necessary to obain letters of administration where the estate is small and no real property is held. 

Gather necessary documents and information.

Before beginning the process of obtaining Letters of Administration for an estate in NSW, it’s important to gather all necessary documents and information. This includes the death certificate of the deceased, any wills or other legal documents related to the estate, and a list of all assets and liabilities of the estate. You will also need to provide proof of your relationship to the deceased, such as a birth certificate or marriage certificate. Having all of this information ready before beginning the application process can help streamline the process and ensure that everything is completed accurately.

File an application with the Supreme Court of NSW.

Such applications need to be filed within 6 months from the date of death. However, if there is a delay beyond that period an explanation will be required by the Court. Before you file, you will need to advertise by publishing a notice of intention to apply for Letters of Administration on the NSW Online Registry. Once you have gathered all necessary documents and information, the next step is to file an application with the Supreme Court of NSW and pay the applicable filing fee. This application will include a request for Letters of Administration, which will give you legal authority to manage the estate of the deceased. The application will also require you to provide information about the deceased, their assets and liabilities, and your relationship to them. It’s important to ensure that all information provided is accurate and complete, as any errors or omissions could delay the process or result in the application being rejected. Once the application is filed, it will be reviewed by the court and you will be notified of any further steps required. Typically, these forms include: -

• a Summons
• Affidavit of Applicant for Administration
• Inventory of Property
• Affidavit that Deceased was not in a Defacto Relationship
• Grant of Letters of Administration
• An A4 Self addressed and stamped envelope
• A Consent to Administration

A good checklist can be read on the Supreme Court website at https://www.supremecourt.justice.nsw.gov.au/Documents/Forms%20and%20Fees/Probate%20Forms/Fact%20Sheet%20Precedent%20Forms/Checklist_Administration.pdf

Application determined on the papers unless requisitions

After filing your application for Letters of Administration with the Supreme Court of NSW, you the court will review your application and evidence before making a decision on whether to grant Letters of Administration. Often it is determined on the papers unless there are requisitions or issues. If there are issues you may need to work through them with the help of a lawyer. 

Receive the Letters of Administration and manage the estate accordingly.

Upon successfully obtaining the Letters of Administration for the estate in NSW, you can begin managing the estate. This includes identifying and valuing the assets and liabilities of the estate, paying any outstanding debts or taxes, and distributing the remaining assets to the beneficiaries according to the will or intestacy laws. Remember to keep accurate records of all transactions and seek professional advice if necessary to ensure that you are fulfilling your duties as the administrator of the estate.

For more detailed information, you can refer to our checklist on the Supreme Court website here.