Letters of Administration For Intestate Estate(s) NSW Forms Template
Where there is no dispute about the right to obtain letters of administration, the widow or widower or de facto partner or next of kin may be able to apply for a grant of administration from the Supreme Court of NSW to administer the estate of the deceased.
This can be a challenging task, that is compounded by the emotional aspects of dealing with the loss of a loved one. It normally includes matters such as:
- the preparation of consents or notices (and affidavits of service)
- an advertisement to the court
- a summons for administration
- the affidavit of the proposed applicant
- where there is a de facto partner (additional affidavits may be needed); and
- the proposed form of the grant and an inventory of assets.
Whilst some people want to leave it all to a lawyer other people may want to take the DIY approach but want a template to help them understand what may be required.
If you would like to prepare your own application for probate in NSW, with the help of guided questions, then this template may assist you in more fully preparing your material.
Alternatively, you can use the draft template that is created after you answer all the questions as a basis for getting legal help as it will help you collate the material and could speed up the process for getting a grant if you are entitled.
Who should use this form?
To see if you are eligible run your eye over our quick checklist:
| Letters of Administration (intestate) - DIY Checklist before sending to Court | ||
| Eligibility Checklist | ||
| Intestate | ||
| Deceased died in NSW, Australia | ||
| Deceased died intestate | ||
| Death Certificate | ||
| Obtain a death certificate for deceased from Registry of Birth's Deaths and Marriages (assuming death occured in NSW or another Australian State / Territory) | ||
| Make a certified copy of the death certificate | ||
| Assets | ||
| Deceased left assets e.g. real property in NSW | ||
| Deceased owned assets personally | ||
| Deceased owned assets solely, in his / her own right OR as as tenant in common (not jointly with someone else) | ||
| Will & Codicils | ||
| Deceased died without a will | ||
| Searches | ||
| You thoroughly searched for but could not find any will. Searches needed include: | ||
| Deceased's home / business | ||
| Personal papers | ||
| NSW Trustee & Guardian | ||
| Banks where accounts were held | ||
| Solicitors deceased may have engaged | ||
| Enquiries with close relatives (and close friends) | ||
| Time-Frame | ||
| Application for administration is brought within 6 months of the date of death | ||
| Person bringing application see: Ch 4 of Succession Act 2006 (NSW) | ||
| Generally, person applying must survive the deceased by 30 days | ||
| Applicant is the Next of Kin including: - | ||
| * | Spouse / de facto spouse | |
| * | Children of deceased (who are not children of spouse / de facto) | |
| * | If none of the above exist then parents of deceased | |
| * | If none of the above exist then the brothers and sisters of deceased | |
| * | If none of the above exist then next the grandparents of the deceased | |
| * | If none of the above exist then the aunts / uncles | |
| Adult applying | ||
| Applicant is older than 18y of age, and not applying for a minor | ||
| Applicant is based in NSW, Australia | ||
| Applicant is not a bankrupt | ||
| No Dispute | ||
| There is no dispute about the right to apply for administration i.e. no caveats lodged against the grant, and no notice of a dispute | ||
Steps to Prepare an application for Letters of Administration in NSW
- Buy the template "Letters of Administration for Intestate Estates in NSW";
- You will be redirected to the form page (and also be given user access for 7 days);
- Complete the form - this is a lengthy form that could take several hours to prepare - so set aside time after you have all the relevant information; and
- The following draft templates in PDF will be sent to you:
- Checklist
- Consent to Administration (depending upon the case)
- Relevant Notice and Affidavit of service (depending upon the case)
- Notice of Intended Application
- Summons for Administration
- Affidavit of Applicant
- Inventory of Property
- Grant for Probate
- Affidavit that Deceased was / was not in a de facto relationship (depending upon the case)
- Letter to the Supreme Court
- Notice of Intended Distribution
- Details of the link where you can edit your answers (during the 7 day period).
- Use the PDF affidavit as a guide to prepare your own documents noting common sense is needed and the willingness to amend as required to suit your needs.
Jurisdiction - Letters of Administration in NSW
Our templates are generally designed for use by applicants for administration in NSW who want to apply for a grant in New South Wales (NSW) only.
If you are located outside NSW and wish to seek letters of administration in NSW, then this template is not suitable.
How to Use the PDF documents for Probate
Use this template to help you prepare your application.
You can download clean copies of the UCPR forms if any changes are needed. The template may help you understand what is required.
What do these forms look like?
The above forms are for illustrative purposes, and other forms may also be generated depending upon the type of case.
Additional legal help
If you want any additional legal help, then please note that is an additional and paid service.
Disclaimer
Litigant, and its owners, servants and or agents, will not be liable for any loss suffered by your use of the precedents and or templates or guides. Such services not take into account your personal needs and circumstances and they should not be considered to constitute legal advice. Before using the precedent or template or guide on generative AI, you should consult with your own independent legal advisors, who can advise you about your personal circumstances. The precedents and or templates or guides provided seek to be in accordance with Australian law with a focus on New South Wales (NSW) and are not designed for use outside NSW, Australia or by parties located outside NSW, Australia. While Litigant tries to keep up to date with changes to the law, it is not always practically possible. Litigant, its owners, servants and agents, do not guarantee and accept no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency, or completeness of any precedent or template or guide used or generated. We recommend you exercise your own skill and care with respect to the use of the precedents and or templates and or guides and that you carefully evaluate the accuracy, currency, completeness, and relevance for your purposes. Seek independant legal advice before taking any action.