Letter of Administration Lawyers Sydney NSW

PBL Law Group is a leading NSW law firm specialising in Letters of Administration when a loved one dies without a valid Will.

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Who Our Sydney Letter of Administration Lawyers Help

Spouses & De Facto Partners

We assist surviving spouses & partners, who are first in line, to apply for Letters of Administration.

Children of the Deceased

We guide adult children in applying to be Administrator when there is no surviving spouse.

Other Next of Kin

We advise other relatives, like parents or siblings, on their eligibility & the application process.

Beneficiaries (No Executor)

We assist Will beneficiaries when the named Executor is unable or unwilling to act.

Overseas Relatives

We act for overseas next of kin by appointing a local representative to manage the application.

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Our Letter of Administration Process

1

Consultation & Assessment

We assess the estate, confirm the rightful applicant, & advise on all required documents & evidence.

2

Preparing Court Documents

Our lawyers prepare all court forms, including the online notice, summons, & affidavit proving the family tree.

3

Court Lodgement

We lodge the complete application with the Supreme Court, ensuring full legal compliance to avoid delays.

4

Securing the Grant

We handle court communication, manage any requisitions, & provide you with the formal Grant to act.

Meet Our NSW Wills & Estate Lawyers

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Why Choose Our Letter of Administration Lawyers

1

Proven Experience

Decades of experience managing applications for Letters of Administration for all family situations.

2

Compassionate Guidance

We provide clear, step-by-step guidance through the court process during a difficult & confusing time.

3

Efficient & Accurate

Our meticulous approach ensures your application is prepared accurately to minimise costly court delays.

4

Securing Your Authority

We focus on efficiently securing the Grant, giving you the legal authority to manage & finalise the estate.

Visit Our Sydney Wills & Estate Lawyers

We provide expert wills & estate planning advice to clients across NSW. Meet with our team at our central Sydney CBD office, or at our regional offices in GosfordGorokan & Coffs Harbour.

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You Need Legal Authority to Manage the Estate

When a person dies without a Will, the estate is legally frozen. Asset holders like banks will refuse you access, and you have no legal power to act, regardless of your relationship.

To unlock the estate, you need an official court order: a Grant of Letters of Administration. Our lawyers specialise in securing this grant for you. We manage the entire complex court process to get you the legal authority you need to act on behalf of the estate.

 

Avoid Costly Delays & Rejections

Applying for Letters of Administration is a formal legal process with strict rules. Proving you are the rightful applicant requires extensive evidence of the family tree, and any error in the paperwork will be rejected by the Supreme Court.

These court rejections, known as ‘requisitions’, cause significant delays, stress, & added costs. Our expert lawyers guarantee your application is prepared correctly from the start, ensuring a smooth, efficient process that avoids these common and costly pitfalls.

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Letter of Administration FAQs

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

Probate is the court process for validating a Will and authorising a named Executor. Letters of Administration is the court process used when there is no Will (or no willing Executor), to appoint an Administrator.

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 their surviving spouse or an adult child.

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

For very small estates, or where all major assets (like a house or bank account) were owned as ‘joint tenants’ with someone who has survived them, a formal grant may not be necessary.

Yes. In NSW, you should apply to the Supreme Court within 6 months of the date of death. If you apply later, you must provide a satisfactory written explanation for the delay.

The main steps are: publishing a notice of your intention to apply, gathering all necessary documents (like death and birth certificates), completing multiple court forms, and filing the application with the Supreme Court.

The Administrator has a legal duty to collect all the estate’s assets, pay all debts and taxes, and then distribute the remaining assets to the rightful beneficiaries according to the strict rules of intestacy.

No, an applicant for Letters of Administration in NSW must generally reside in NSW. An overseas resident who is entitled to apply would typically need to appoint a resident of NSW to act on their behalf via a Power of Attorney.

Once a complete application is filed, a straightforward grant can be issued in approximately 6-10 weeks. However, any errors or questions from the court (‘requisitions’) can cause significant delays.

While you can apply yourself, the process is legally complex, with many forms and strict rules. Engaging with a letter of administration lawyer in Sydney  is highly recommended to ensure it’s done correctly, avoid delays, and protect the Administrator from personal liability.

This is a key legal document in the application where you, the applicant, must swear under oath details about the deceased, their family tree, the thorough search conducted for a Will, and the estate’s assets.

If a valid Will is discovered later, an application must be made to the court to revoke the Letters of Administration. The Executor named in the newly found Will would then typically apply for a Grant of Probate.

They can apply jointly to be appointed as co-Administrators. Alternatively, one person can apply, but they must obtain the formal written consent of the other people who have an equal right to the role.

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

Costs include a filing fee paid to the Supreme Court, which is scaled based on the value of the NSW assets. There are also professional legal fees for preparing and managing the complex application.

A requisition is a formal request from the court for more information or to correct an error in your application. Responding to requisitions correctly is crucial to avoid having the application dismissed.

You must demonstrate a thorough search has been made. This includes searching the deceased’s home and papers, and making enquiries with their bank, previous solicitors, and the NSW Trustee & Guardian.

In the past, Administrators often had to pay a security bond to the court. While this requirement can now often be dispensed with, it may still be required in certain situations, for example, if a beneficiary is a minor.

The first step is publishing a notice of your intention to apply on the Supreme Court’s online registry. You must then wait at least 14 days before you are legally able to file your main application with the court.

 

How Our NSW Wills & Estate Lawyers Can Assist You

Wills Drafting & Review

We draft & update clear, legally sound wills to ensure your final wishes are documented & protected.

Dispute a Will

Whether a Will is invalid or just unfair, we can help. We challenge Wills on grounds of incapacity or fraud & contest Wills for a fairer provision.

Defending a Will

We represent executors & beneficiaries to defend a will’s validity against challenges or family provision claims.

Family Provision Claims

Unfairly left out of a will? We help eligible persons contest a will & claim their fair share under the Succession Act 2006 (NSW).

Domestic Estate Planning

We create tailored estate plans to safeguard your Australian assets, minimise tax & provide for your loved ones.

International Estate Planning

Our experts advise on cross-border estate planning, international wills & trusts for tax-efficient global wealth transfer.

Grant of Probate

We guide executors through the Supreme Court process to obtain a Grant of Probate, validating the will & authorising you to act.

Enduring Power of Attorney

We prepare enduring powers of attorney to manage your future financial & legal decisions.

Enduring Guardianship

We draft enduring guardianships, appointing someone to make crucial personal, lifestyle & medical decisions if you’re unable.

Testamentary Trusts

We establish effective testamentary trusts within your will for superior asset protection, tax benefits & flexible beneficiary provision.

Intestacy Law & Advice

When a loved one dies without a will, we guide families through intestacy law to ensure the lawful distribution of assets.

Letters of Administration

We assist families in applying to the Supreme Court for Letters of Administration when there is no valid will or executor.

Estate Administration

We help executors with the administration of deceased estates, ensuring the lawful & efficient collection & distribution of assets.

Advance Care Directives

We draft clear directives outlining your medical treatment & end-of-life wishes to ensure they’re respected.

Special Disability Trusts

We establish specialised trusts to provide for the long-term care & financial security of a loved one with a severe disability.

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