What are Letters of Administration?

When a person dies leaving a valid will which appoints an executor then the named executor(s) can obtain authority to administer the estate by obtaining a Grant of Probate.

If the deceased person did not leave a valid will, if the will did not appoint an executor or if the named executor is deceased or has renounced Probate then the estate will remain unadministered until a person receives authority to administer the estate.

The authority is obtained from the Supreme Court of NSW in the form of a Grant of Letters of Administration. Upon the making of the Grant all assets of the deceased vest in the name of the Administrator, also known as the Legal Personal Representative, pursuant to section 44 of the Probate and Administration Act 1898.

Section 63 of the Act sets out the persons whom can apply for the Grant of Letters of Administration. Those persons include the spouse, next of kin, a person who is fit to be trusted and creditors.

Although capable of applying for the Grant of Letters of Administration the application will not be accepted unless the application is made by the person most entitled to the estate, being the beneficiaries under the terms of the will, or the rules of intestacy if there is no will. If there are many beneficiaries then consent to the application should be obtained from those not joining the application, or at the very least notice of such application being made in the required form.

The application for Letters of Administration can be a straightforward application if the deceased’s left a will, but not so if the deceased died without (intestate). Before a Grant of Letters of Administration will be made in respect of an intestate estate the Court requires proof as to searches for the will. This evidence should include searches made with past lawyers, banks along with the NSW Trustee and Guardian.

Prime Lawyers operates one of the largest uncontested probate divisions in New South Wales. We receive instructions to act for clients looking to obtain the Grant of Administration or Grant of Probate every week because we process applications quickly and assist executors obtain the Grant with as little hassle as possible so that the estate can be administered.

If you have a question relating to Letters of Administration then get in touch with your nearest office to see how we can assist.

We have wills and probate lawyers located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.