Letters of Administration

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If your loved one has died without a will, you may need to apply for Letters of Administration, this will then allow you to become the Administrator of the estate. A grant of Letters of Administration allows the Administrator to step into the shoes of the deceased and administer their estate. If your loved one passed away with a will but the original cannot be located you can apply for Letters of Administration – Will Annexed.

Steps in applying to the Supreme Court for Letters of Administration:

In summary, the process of applying for a grant of administration is:

  • Ascertaining the value of assets;
  • Organising publication of intention to apply for Letters of Administration;
  • Making enquiries to locate and undertake an search for any possible will made by the deceased;
  • Drawing necessary documentation to apply for Letters of Administration;
  • Obtaining the grant of Letters of Administration;
  • Calling in of assets;
  • Negotiating with superannuation funds;
  • Negotiating with life insurance agencies;
  • Organising publication of intention to distribute;
  • Distributing the estate; and
  • Establishing a trust if required.
Drafting Complex Will

Court Documents to be filed for Letters of Administration

To apply for letters of administration we will file the following documents in the Supreme Court of NSW:

  • Summons for Letters of Administration (or Letters of Administration with the Will Annexed)
  • Draft Grant for Letters of Administration (or Grant for Letters of Administration with the Will Annexed
  • Affidavit of the Applicant for Administration (or Affidavit of the Applicant for Administration with the Will Annexed)
  • Inventory of Property
  • A copy of the will, if you are applying for Letters of Administration with the Will Annexed
  • Death Certificate.

Who can apply for Letters of Administration NSW?

A grant of administration is only be made for someone who is entitled to the whole of the estate or to a share of the estate ( with the consent of the other beneficiaries)

The grant is usually made to the deceased’s ‘next of kin’, which is the deceased’s closest relative which includes:

  • the spouse of the deceased
  • one or more of the next of kin
  • the spouse jointly with other relatives.

If there is no next of kin or none that are appropriate or willing to apply for the grant, then the Court may grant administration to the NSW Trustee & Guardian.

Where to from here?

At the initial consultation, we will take instructions from you to commence the process of applying for Letters of Administration.

Prior to attending your conference with us, we will send you an information form for your completion and to assist you to gather the relevant information required.

Give the experienced lawyers at ALA Law a call to discuss we can assist you with applying for a grant of Letters of Administration, or hop over to our “Get Started Now page” to lodge an instant enquiry to start your matter.

Wish to discuss your situation with our Estate Lawyers?

Please contact ALA Law to book an appointment with one of our Letters of Administration Solicitors to discuss your matter on 0247 616 935

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