What's happening?
Letters of administration are granted by the Supreme Court of NSW where a person dies without a valid will, or where a will exists but there is no executor able or willing to act. The person granted letters of administration, known as the administrator, is generally responsible for collecting the estate's assets and distributing them according to law.
What could it mean for me?
- Without a will, the estate is generally distributed according to the rules of intestacy, not personal wishes
- Determining who is entitled to apply for letters of administration can be complex where family relationships are complicated
- The application process involves formal Supreme Court requirements similar to a probate application
- Delays can arise where there is uncertainty about entitled beneficiaries or missing family members
What are my options?
- Engage a solicitor to determine who is entitled to apply and to prepare the application
- Identify and locate all beneficiaries entitled under the rules of intestacy
- Resolve any uncertainty about family relationships before applying, where possible
What happens next?
- We confirm who is entitled to apply for letters of administration
- We gather details of the estate's assets, liabilities and beneficiaries
- The application is prepared and lodged with the Supreme Court of NSW
- Once granted, the administrator collects assets and pays debts
- The estate is distributed according to the applicable intestacy rules or the terms of a valid will
How can MGE Lawyers help?
We assist people seeking to administer an estate without a valid will, guiding them through determining entitlement, preparing the application and managing the estate's administration.