Letters of Administration
Sydney Probate Lawyers
Unlike a Grant of Probate, a Grant of Letters of Administration is required if a person dies ‘intestate’. That is to say that the person dies:
- without a Will;
- with a Will but it is not considered a valid Will because it fails to effectively dispose of all or part of the deceased’s property (assets); or
- with a Will but the executor is either not nominated under that Will or the executor nominated is unable to carry out their duties.
Applying for Letters of Administration can be a challenging and complex process. That is where an experienced Probate Lawyer comes in – to provide advice and guide you through the process during this difficult time. If you would like advice on whether Letters of Administration or Probate is required, get in touch with our Sydney Probate Lawyers on 02 9262 4003 or submit an online enquiry.
What is a Grant of Letters of Administration?
A Grant of Letters of Administration is a legal document issued by the Supreme Court of the relevant State jurisdiction, which allows the administrator(s) to manage the deceased’s estate and distribute the deceased’s assets.
Before making an application for a Grant of Letters of Administration, an extensive search to locate the Will amongst the deceased’s personal belongings must be done, as well as enquiries made with the deceased’s banks, solicitors and accountants.
In the event that the deceased has left a valid Will, nominating an executor or executors under that Will, then the executor/s will apply for a Grant of Probate instead of letters of administration.
Who can apply for Letters of Administration?
Only the following person/s can apply for a Grant of Letters of Administration:
- person/s over the age of 18 years; and
- person/s that are entitled to the whole or part of the deceased’s estate (often, the deceased’s next of kin, for example, a spouse or children).
If there is more than one person entitled to a share in the estate, then they can apply jointly to the court for a Grant of Letters of Administration.
Chapter 4 of the Succession Act 2006 (NSW) sets out the order in which the person/s are eligible under an intestate estate and formulae to calculate such entitlement/s.
When should you apply for Letters of Administration?
In NSW, an administrator must apply for Letters of Administration within 6 months from the date of death. If an application is made after 6 months, then an explanation for the delay must be given to the Supreme Court of NSW in the form of an affidavit of delay.
To learn more on this topic, see our article: Probate or Letters of Administration: when are they required?
How our Sydney Probate Lawyers can help
Our experienced Sydney Probate Lawyers can assist in all areas of the Letters of Administration process, including making enquiries as to the location of the Will, gathering the necessary information required and tracking the assets and liabilities of the estate. We can also assist with applying for a grant of letters of administration, as well as managing the administration of the estate after letters of administration is granted.
Contact Ivy Law Group’s experienced and friendly Sydney Probate Lawyers today for an initial, no-obligation consultation on (02) 9262 4003 or submit an online enquiry.
