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Letters
of Administration
At
ExecutorsHelp we can provide legal services to assist you
to apply for a grant of representation of a deceased estate
in New South Wales.
There are three basic types of grants of representation
which the Supreme Court can authorise:
| 1. |
Probate
This is granted to an Executor named in a Will. |
| 2. |
Letters
of Administration with the Will Annexed
In this case a Will exists but a person other than the
named Executor applies to claim the estate. Administration
then proceeds according to the terms of the Will. |
| 3. |
Letters
of Administration
This applies when the deceased died without leaving
any Will. If there is no Will there is no Executor.
Instead the Court appoints an Administrator, often a
sole or major beneficiary. Administration then proceeds
and the estate is distributed according to the rules
of intestacy. |
Steps
to take to apply for Letters of Administration:
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extensive
searching to confirm no Will is in existence |
|
consider
whether there is any partial failure of any existing
Will |
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identification
of all the deceased's assets/liabilities |
|
family
tree of known blood relatives and certificate evidence
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parentage
search of NSW government records to identify the birth
of any children |
|
identify deceased's next of kin and confirm not living
in a de facto relationship (unless the de facto partner
makes the application for Letters of Administration)
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publication
of newspaper notices |
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Court
affidavits prepared |
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Bond
may be payable |
The
issue of the Grant of Letters of Administration by the Supreme
Court provides authority for the distribution of the intestate
estate to be made by the Administrator.
De factos have the same rights of entitlement as a married
spouse. Same sex partners may now receive entitlements when
their partners die without making a valid Will. Entitlements
for children are assessed irrespective of their nuptial
or ex-nuptial birth.
We accept instructions for all estate work including intestate
estates and can assist you obtain Letters of Administration
if required for a deceased estate.
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