Letters of Administration in New South Wales

Court Filing Fees

The Supreme Court of New South Wales charges filing fees for Letters of Administration based on the gross value of the estate located in NSW. The fees are the same as for probate applications.

Additional Costs

• Notice of Intended Application for Administration: $57
• Notice of Intended Distribution: $57

Administration Bond

In NSW, the court may require an administration bond as a condition of the grant. The bond is typically equal to the gross value of the estate and provides security that the administrator will properly administer the estate. An administration bond is typically required where not all persons entitled to the estate have provided their consent to the application. Where all beneficiaries consent, the court will generally dispense with the bond.

Who Can Apply

Under the Probate and Administration Act 1898 (NSW), the court may grant administration to the following persons, with priority generally following the intestacy distribution hierarchy in the Succession Act 2006 (NSW):

1. Surviving spouse or de facto partner

   The spouse or de facto partner of the deceased has first priority to apply.

2. Children of the deceased

   If there is no surviving spouse, the deceased's children may apply.

3. Parents of the deceased

   Parents may apply if there is no surviving spouse or children.

4. Siblings of the deceased

   Brothers and sisters may apply if no higher-priority applicant is available.

5. Grandparents of the deceased

   Grandparents may apply in the absence of closer relatives.

6. Aunts, uncles, and their descendants

   Extended family may apply if no closer relatives are available or willing.

The court may also appoint any person it considers appropriate. Where the person with the highest priority does not wish to apply, they may renounce their right, allowing the next eligible person to apply.

The Application Process in New South Wales

Applying for Letters of Administration in NSW involves several key steps. The process is governed by the Probate and Administration Act 1898, Part 78 of the Supreme Court Rules 1970, and the Succession Act 2006 (NSW).

1. Obtain the death certificate

   You will need an official death certificate from NSW Births, Deaths and Marriages.

2. Identify estate assets and liabilities

   Compile a comprehensive inventory of all assets (property, bank accounts, shares, superannuation, personal possessions) and liabilities (debts, mortgages, loans).

3. Complete the required court forms

   Prepare the summons for administration, the administrator's affidavit, and the inventory of assets and liabilities.

4. Publish a notice of intention

   A notice of intention to apply must be published at least 14 days before filing the application. This is typically done through the NSW Online Registry.

5. Lodge the application

   Since August 2023, most uncontested applications must be filed online through the NSW Online Registry, along with the applicable filing fee.

6. Court processing and grant

   The Probate Registry will review the application. If everything is in order, the grant of Letters of Administration will be issued without a court hearing.

If there are any issues with the application, the court may issue a requisition requesting further information or corrections before the grant can be issued.

Distribution of the Estate

Once the grant is issued, the administrator must distribute the estate according to the intestacy rules set out in Chapter 4 of the Succession Act 2006 (NSW). The administrator has the same duties as an executor, including paying debts and distributing assets to the rightful beneficiaries.

Required Forms for Letters of Administration in NSW

The following forms are required for a Letters of Administration application in NSW:

• Summons for Administration: The principal court document initiating the application.
• Affidavit of Administrator: A sworn statement by the applicant confirming the death, the intestacy, their relationship to the deceased, and their entitlement to apply.
• Inventory of Property: A detailed list of all assets and liabilities of the estate, including estimated values.
• Affidavit of Publication: Evidence that the required notice of intention to apply was published.
• Renunciation: If a person with higher priority has renounced their right to apply, a formal renunciation document is required.
• Consent of Beneficiaries: Where applicable, written consent from beneficiaries may be required, particularly if seeking to dispense with the administration bond.

Forms can be obtained from the Supreme Court of NSW website or prepared by a solicitor. All affidavits must be sworn or affirmed before an authorised witness.

Processing Times for Letters of Administration in NSW

The timeline for obtaining Letters of Administration in NSW is generally longer than probate due to additional requirements such as the administration bond.

• Preparation of documents: 1 to 3 weeks, depending on the complexity of the estate and how quickly information can be gathered.
• Publication of notice: At least 14 days must pass between publishing the notice and filing the application.
• Court processing: The Probate Registry typically takes 6 to 10 weeks to process an application after filing, provided there are no issues.
• Total estimated timeframe: 8 to 14 weeks from start to grant.