A letter of administration (the full name is a grant of letters of administration) is a court order made by the Supreme Court of New South Wales. It appoints a person called the administrator and gives them the legal authority to deal with a deceased person's estate: gathering the assets, paying any debts, and distributing what's left to the people entitled to it.
You'll need one in two situations. The first is when someone dies without a valid will, which the law calls dying intestate. The second is when there is a will, but nobody named in it can act as executor, because they've died, they're unwell, or they've chosen not to take the job on. In that second case the Court issues letters of administration with the will annexed, and the administrator follows the will rather than the intestacy rules.
Either way, the reason the grant matters is practical. Banks, super funds and NSW Land Registry Services generally won't release or transfer a deceased person's assets to anyone who can't show them a grant. Until it issues, the estate is largely frozen.
Letters of administration vs probate: what's the difference?
Both are grants of representation from the Supreme Court, and both do the same core job: they prove who has the authority to administer the estate. The difference is who gets appointed and why.
Probate is granted to the executor named in a valid will. The Court is confirming the will is the deceased's last will and that the executor can carry it out.
Letters of administration are granted when there is no will to prove, or no executor to prove it. The Court chooses the administrator based on who has the greatest entitlement to the estate, which is set out in the Succession Act 2006 (NSW). In practice that's usually the spouse or the closest next of kin.
Day to day, administering the estate is much the same under either grant. Getting there is harder with letters of administration, because the Court has to be satisfied about who the eligible relatives are before it will appoint anyone.
When do you need letters of administration in NSW?
The short version: when a person has died leaving assets in NSW in their own name, and there's either no valid will or no executor able to apply for probate.
When there's no will
This is the classic case. Someone dies intestate, so there's no executor and no instructions. An eligible relative applies for letters of administration, and once appointed they distribute the estate according to the intestacy rules in Chapter 4 of the Succession Act 2006 (NSW). Those rules decide who inherits and in what shares, and the administrator can't vary them.
When there's a will but no executor
A will only works if someone can carry it out. If the named executor has died, lacks capacity or renounces the role, a beneficiary under the will can apply for letters of administration with the will annexed. The administrator then distributes the estate under the terms of the will, exactly as an executor would have.
When you might not need a grant at all
Not every estate needs one. Assets held jointly, such as a home owned as joint tenants or a joint bank account, usually pass to the surviving owner automatically. Superannuation with a valid binding nomination is normally paid by the fund straight to the nominated person. And some banks will release smaller balances on a death certificate and a signed indemnity, although each sets its own threshold.
Whether you need a grant comes down to what the deceased owned, how it was held, and what each asset holder will accept. That's usually the first thing we work out with a family, before anyone pays for an application they may not need.
Who can apply for letters of administration?
The Succession Act 2006 (NSW) sets a priority order, and the Court will generally appoint the person highest on that list who is willing and able to act. The surviving spouse or de facto partner comes first. If there's no spouse, the deceased's children are next, followed by parents, then brothers and sisters, and so on out through the wider family.
Where several people share the same entitlement, say three adult children, they can apply together or one can apply with the others' written consent. If someone entitled to apply won't consent and won't apply themselves, the process gets slower and more expensive, and it's worth getting advice before filing anything.
An applicant who lives outside Australia can't apply directly. They need to appoint an attorney in NSW under a power of attorney that specifically authorises the application, and the attorney becomes the applicant.
In our experience, the families who find this stage hardest aren't the ones with complicated assets. They're the ones with a blended family, an estranged sibling, or a de facto relationship not everyone knew about. Those are the situations where the priority list, and the intestacy rules behind it, can produce a result nobody expected.
How the application works, step by step
Applications go to the Probate Registry of the Supreme Court of NSW and follow a set order.
Step 1: Confirm there really is no will
The Court expects proper searches before it will treat someone as intestate: the deceased's papers and safe custody arrangements, the solicitors and banks they dealt with, and a search with the NSW Trustee & Guardian. If a will turns up after an administrator has distributed the estate, they can be in a difficult position, so this step isn't a formality.
Step 2: Publish a notice of intended application
Once the application for letters of administration is filed, a notice of intended application is published on the NSW Online Registry. The Court then waits at least 14 days before reviewing the application. This gives anyone with a claim against the estate, or an objection to the applicant, a chance to come forward.
Step 3: Gather the evidence
The Court needs the death certificate, an inventory of the estate's assets and liabilities valued at the date of death, and affidavit evidence about the deceased's family. That last part is where intestate applications differ most from probate: the applicant has to prove who the eligible relatives are, and who has predeceased, often with certificates going back a generation.
Step 4: File the summons and affidavits
The application is filed with the Probate Registry along with a filing fee the Court scales to the value of the estate. If the Registry has questions it issues a requisition, and the application pauses until it's answered.
Step 5: The grant issues, and the real work starts
Once the grant is made, the administrator collects the assets, refunds anyone who has paid estate-related expenses such as funeral costs, attends to any outstanding debts or tax, and distributes the balance to the beneficiaries: under the intestacy rules if there's no will, or under the will if there is one annexed. An administrator who distributes before debts are cleared can be personally liable for any shortfall, so the order of events matters.
How long does it take, and what does it cost?
The Court expects the application to be filed within six months of the date of death. That's not a hard cut-off, but if you apply later you'll need to file an affidavit explaining the delay.
How long the grant takes depends on how busy the Probate Registry is and whether the application draws a requisition. Our probate applications typically take four to eight weeks once we have all the documents, and letters of administration run to a similar timetable once the family evidence is in order. The evidence-gathering stage is where intestate estates most often lose time.
On cost, there are three parts:
1. The Court's filing fee - this is based on the estate's value, on a scale set by the Supreme Court and published on its website.
2. Professional fees for preparing the application - these are also based on the estate's value, on a scale of fees set by the Supreme Court.
3. Professional fees for administering the estate after the grant - these depend on the work involved and are charged at an hourly rate.
Before any work starts, we'll give you a written outline of the approach, the steps involved for your particular case and an estimate of fees, and we'll tell you if anything changes along the way.
Who inherits when there's no will?
This is the question behind most calls we get about letters of administration, so it's worth answering plainly.
Under the intestacy rules in the Succession Act 2006 (NSW), a spouse or de facto partner generally takes the whole estate if all the deceased's children are also the spouse's children. If the deceased had children from another relationship, the spouse receives the personal effects, a set sum called the statutory legacy (indexed each year), and half of what remains, with the children sharing the other half. Where there's no spouse, the children take the estate equally, and if there are no children it moves out to parents, then siblings, then more distant relatives (aunts, uncles, cousins and so on). If no eligible relative can be found, the estate passes to the State.
Two issues often catch families out. First, the rules do not provide for stepchildren, close friends or carers, no matter how close the relationship or how much the deceased relied on them. Second, even when an estate is distributed under the intestacy rules, it can still be the subject of a family provision claim by an eligible person who believes they haven't been adequately provided for (noting that strict time limits apply).
None of this is a reason to panic, but it is worth knowing where you stand before assets start moving. The simplest way to avoid it altogether is a valid will as part of a broader estate plan.
Where a local solicitor fits in
You can apply for letters of administration yourself, and for a small, simple estate with one obvious applicant, some people do. Where it goes wrong is usually the evidence: a relative missed off the affidavit, a search not done, an asset valued at the wrong date. Each comes back as a requisition, and each requisition adds weeks.
At Cassab & Associates you deal with the solicitor running your matter from the first call to the final distribution, not a junior or a call centre. Estate administration for families across Bankstown, Sydney's south-west and the wider New South Wales community is a regular part of what we do.
This article is general information about the law in NSW, not legal advice about your situation. If a family member has died without a will, or the executor in their will can't act, the first call to our office is free of charge and carries no obligation. We'll tell you whether we can help, what's likely to be involved, and what it would likely cost.
Frequently Asked Questions
My father's will names his brother as executor, but my uncle passed away last year. What do we do?
If the only named executor has died and the will doesn't name a substitute, a beneficiary under the will can apply to the Supreme Court of NSW for letters of administration with the will annexed. You'll still follow your father's will when distributing the estate. The application needs the original will, the death certificates for both your father and your uncle, and details of the estate's assets and the other beneficiaries.
Can I apply for letters of administration if I live overseas?
Not directly. An applicant outside Australia has to appoint an attorney in NSW under a power of attorney that clearly authorises them to apply to the Supreme Court for letters of administration (or with the will annexed). The attorney then becomes the applicant and swears the affidavits. This is common where adult children have moved abroad, and it's worth setting up early because it adds a step before anything can be filed.
One of my siblings won't sign the consent. Can I still apply?
Yes, but it changes the process. Where people share the same entitlement, the Court prefers a joint application or written consent from everyone entitled. If someone refuses to consent and won't apply themselves, the applicant can seek an order from the Court to proceed without them, usually after formal notice has been served. It's slower and costs more, so it's a situation where advice before filing tends to pay for itself.
Someone died without a will. Can the estate still be challenged?
It can. The intestacy rules decide the default shares, but an eligible person, such as a spouse, former spouse, child or someone who was dependent on the deceased, can still apply for a family provision order under the Succession Act 2006 (NSW) if they believe those shares don't adequately provide for them. Time limits apply to these claims, so anyone considering one should get advice promptly.
How long do I have to apply for letters of administration in NSW?
The Supreme Court of NSW expects applications within six months of the date of death. You can still apply after that, but you'll need to file an affidavit explaining the delay. Six months passes quickly when a family is grieving and sorting out a house, so if you think a grant will be needed, it helps to start the searches and gather the death certificate and asset details early.
If you've lost someone and there's no will, or no one able to act as executor, call Cassab & Associates on (02) 9793 2700 or email info@cassablegal.com.au. The first call is free, and you'll speak with a solicitor, not a call centre.