Letter of Administration Lawyers Sydney NSW

What are Letters of Administration?

Letters of Administration is a formal court order issued by the Supreme Court of NSW. It appoints an Administrator with legal authority to manage and distribute the estate of a person who has died without a valid Will.

What is the difference between Probate and Letters of Administration?

Probate is the court process used when there is a valid Will and confirms the authority of the named Executor. Letters of Administration is used when there is no Will, or no willing or able Executor, to appoint an Administrator instead.

Who can apply for Letters of Administration?

The person entitled to the largest share of the estate under the rules of intestacy can apply. This is usually the deceased’s closest relative, such as a surviving spouse or an adult child.

When are Letters of Administration required?

They are required when a person dies without a Will and leaves significant assets, such as real estate or large bank accounts, that cannot be accessed or transferred without a formal court order.

When might Letters of Administration not be needed?

For very small estates, or where major assets were owned as joint tenants and automatically pass to a surviving owner, a formal grant may not be required.

Is there a time limit to apply for Letters of Administration?

Yes. In NSW, an application should generally be made within six months of the date of death. Applications made later must include a satisfactory explanation for the delay.

What are the main steps in the application process?

The process includes publishing a notice of intention to apply, gathering supporting documents such as death and birth certificates, completing multiple court forms, and filing the application with the Supreme Court.

What does an Administrator do after the grant is issued?

The Administrator must collect all estate assets, pay debts and taxes, and distribute the remaining estate strictly in accordance with the rules of intestacy.

Can I apply for Letters of Administration if I live overseas?

Generally, no. The applicant must usually reside in NSW. An overseas beneficiary may need to appoint a NSW resident to act on their behalf under a Power of Attorney.

How long does it take to get Letters of Administration?

Once a complete application is filed, a straightforward grant may be issued within approximately 6 to 10 weeks. Errors or court requisitions can cause delays.

Do you need a lawyer to apply for Letters of Administration?

While you can apply yourself, the process is legally complex. Engaging a Letters of Administration lawyer helps avoid delays, ensures compliance with court requirements, and protects the Administrator from personal liability.

What is an Affidavit of Applicant for Administration?

This is a key sworn document in which the applicant sets out details of the deceased, their family relationships, the search conducted for a Will, and the estate’s assets.

What happens if a Will is found after Letters of Administration are granted?

If a valid Will is later discovered, the court must be asked to revoke the Letters of Administration. The Executor named in the Will would then usually apply for Probate.

What if multiple people are entitled to be the Administrator?

They may apply jointly as co-Administrators, or one person may apply with the written consent of the other people who have an equal entitlement.

What is Letters of Administration with the Will Annexed?

This applies when there is a valid Will but the named Executor is unable or unwilling to act and no substitute Executor was appointed. The court appoints an Administrator to carry out the Will’s instructions.