Applying for letters of administration in NSW is important in instances when a family member has died without leaving a valid Will behind.
Before we dive into the topic of applying for letters of administration New South Wales, let’s understand the meaning of letters of administration. In NSW, Letters of Administration is a legal document that the Supreme Court of NSW issues. Letters of Administration gives an “appointed person” i.e. an administrator the authority to manage and distribute the the deceased person’s intestate estate.
Dying intestate refers to dying without leaving a valid Will. In such instances, intestacy laws and rules that the Succession Act 2006 (NSW) sets out are applicable. To manage and distribute the estate of a deceased person who died intestate, an eligible person can apply for Letters of Administration from the Supreme Court of NSW.
Moreover, a Notice of Intended Application for Letters of Administration is a legal document used to notify potential beneficiaries, creditors, and interested parties of an estate that an individual intends to apply for letters of administration.
How to Obtain Letters of Administration NSW?
There are some steps to take in order to obtain Letters of Administration in NSW. Make a note of the following steps in order to do so:
- Identify and notify all potential beneficiaries and creditors of the deceased person’s estate.
- File an application with the Supreme Court of NSW. Include all the necessary documents such as the original death certificate, an inventory of the deceased’s assets and liabilities, and an affidavit from the administrator. There’s a court filing fee for this.
- Attend a hearing at the Supreme Court of NSW. Provide evidence that the proposed administrator is the appropriate person to manage the estate.
- Once the court approves the administration applications, they will issue the administrator with Letters of Administration. This grants them the legal authority to manage and distribute the estate in accordance with the law.
Applying for Letters of Administration NSW
First and foremost, parties must check if they have are eligible for applying for letters of administration in NSW. There’s a list of more than one person who are entitled to make an application, such as:
- The deceased person’s surviving spouse or de facto partner
- The deceased person’s children and grandchildren
- Other relatives or creditors of the deceased person
- The deceased person’s parents
- The deceased person’s siblings
If the court cannot grant administration to the spouse of the deceased, next of kin or the spouse jointly with other relatives, the court will grant it to NSW Trustee & Guardian or any other party that the court thinks fit.
Letters of Administration with Will Annexed
Letters of Administration with the Will Annexed is a legal term used to describe a situation where the deceased person left a valid Will, but the nominated executor in the Will is unable or unwilling to act. In this situation, the court can appoint an administrator to manage and distribute the estate in accordance with the terms of the Wills.
In other words, Letters of Administration application with the Will Annexed allows someone other than the nominated executor in the Will to manage the estate and distribute assets to beneficiaries in accordance with the wishes expressed in the Will.
The process for applying for Letters of Administration NSW with the Will Annexed is similar to that for regular Letters of Administration, as outlined above.
Letters of Administration Versus Probate NSW
A Grant of Probate in NSW authorises the executor to carry on with the administration and distribution of the deceased’s estate and assets.
Generally, depending on the circumstances, Grant of Probate and Letters of Administration are both legal documents issued by the Supreme Court of NSW that authorise a person to manage and distribute a deceased person’s estate.
But, Grant of Probate is relevant in scenarios where the deceased left a valid Will, whereas Letters of Administration is relevant in situations where the deceased died intestate. To understand the similarities and differences further, see the table below.
|Grant of Probate NSW||Letters of Administration NSW|
|Meaning:||Legal document that authorises the executor/s to manage and distribute the estate in accordance with the Will’s instructions.||Legal document that grants a person the authority to manage and distribute the estate of a deceased person who did not leave a valid will or named an executor.|
|Issued By:||Supreme Court of NSW||Supreme Court of NSW|
|Applicable when:||The deceased left a valid Will and nominated an executor to manage their estate after death.||The deceased did not leave a valid Will and did not nominate any executor for administering estate, or|
If the nominated executor is unable or unwilling to carry out the duties.
The process for obtaining a Grant of Probate or Letters of Administration is similar. Both require the filing of an application with the Supreme Court of NSW, which may involve providing various documents such as the death certificate, the Will or evidence of intestacy, an inventory of the deceased’s assets and liabilities, and an affidavit from the executor or proposed administrator.
Once the court approves the application, the Grant of Probate or Letters of Administration will be issued. This will grant the executor or administrator the legal authority to manage and distribute the estate.
Importance of Seeking Legal Advice
It is recommended to seek legal advice before applying for Letters of Administration NSW. This ensures that you can carry out the process correctly and efficiently. Family lawyers and Wills and estate planning lawyers are experts when it comes to all such matters. As asset holders or joint tenants with your married or de facto spouse, you may require tailored advice.
At JB Solicitors, we have a leading team of solicitors who can provide you with the necessary help. We can assist you throughout the complex process of applying for letters of administration NSW. We can understand how painful it is to lose a family member.
It is understandably difficult to deal with legal matters when your loved one did not leave a valid Will behind. This is why we offer tailored legal advice to help you grasp your situation and get desired results.
Moreover, we value efficiency and ensure that we provide our legal services in an effective manner. There are many concepts to understand when dealing with this. For instance, an administration bond is required in some jurisdictions when an individual is appointed as the administrator of the estate.
For more information or enquiries, do not hesitate to speak with our friendly and experienced team of lawyers today. Contact our team for more information.