Letters of Administration

What are Letters of Administration?

Letters of Administration refers to an application made to the Supreme Court of NSW, where the deceased died without making a Will, or the Will of the deceased has been lost or where there is a Will, but no Executor has been named in the Will or the Executor named in the Will has died or is unable to act as Executor.

The difference between Probate and Letters of Administration is whether the deceased left a valid Will. 

A Grant of Letters of Administration means that the Administrator appointed by the Court can deal with the Estate in the same way an Executor would deal with the Estate, such as paying debts of the Estate and administering the Estate in accordance with the rules of intestacy if there is no Will or in accordance with the Will if it is an invalid Will.

Where the deceased person has not left a Will, the beneficiaries of the estate will be determined by the rules of intestacy. These rules provide which family members receive the deceased’s estate and the order of priority.

Applying for Letters of Administration can be more time consuming and costly than applying for a Grant of Probate, as it involves more information being provided to the Court. That is why it is so important make a Will and seek expert legal advice to ensure that it is correct.

We recommend you involve a solicitor when you have the responsibility of administering an estate, so they can help guide you through the process and assist in making the process as trouble free as possible.

SouthCoast Property & Estate Lawyers are experts in Estate Administration and can help obtain the grant of probate and assist the executor in distributing the deceased’s assets in a simple, efficient and cost-effective manner.