Letters of Administration
in New South Wales.

Whether or not you are required to get Letters of Administration depends on your circumstances. If the deceased held real estate or had left assets with organisations such as banks and superannuation funds, these organisations might require Letters of Administration before they are prepared to pay you the bank funds or superannuation death benefits for example.

If the funds held are minimal, these organisations might not require you to provide Letters of Administration and might just ask that you sign an indemnity waiver.

The Grant of Letters of Administration achieves the same purpose as the Grant of Probate - it determines who has the power to call in the assets of the estate, to pay the estate liabilities and to distribute the assets of the deceased.

The difference between the Grant of Probate and Letters of Administration is that a valid Will allows the will-maker to determine themselves who will administer their estate (to be their executor) and who will receive their assets (the beneficiaries). When someone dies without a Will, NSW’s Succession Act determines which next-of-kin will be the administrator and how the estate will be distributed amongst the deceased’s relatives.

The first step in the process, lodging the online notice of intended application for Letters of Administration, necessitates that 2 weeks pass before the administrator submits their application for Letters of Administration to give enough notice to any potential creditors or claimants on the estate.

After the application is submitted it can take anywhere from 2-6 weeks, depending on how busy the Supreme Court of NSW is, before the Grant is issued.

No. No one is forced to act as an estate administrator, or executor.

If you do not wish to act as an administrator we can easily assist you to renounce administration and to assist the next-of-kin to obtain the Grant of Administration. Unless you want to renounce the benefits you are entitled to, you will still be entitled to your appropriate share of the estate.

Depending on the circumstances you might be required to submit the following documents:

• The original death certificate of the deceased
• Any marriage certificates or divorce certificates
• Certified copies of death and birth certificates of siblings or parents of the deceased
• NAATI certified translated certificates

We will fully advise you of all certificates that we require in order to obtain the Grant of Letters of Administration for you.