When a person dies without a valid will, their estate cannot be dealt with until authority is granted by the Supreme Court. That authority is known as Letters of Administration.
Obtaining Letters of Administration can be legally and procedurally complex, particularly where there are multiple beneficiaries, blended families, or disputes about who should administer the estate. Our Wills & Estates team regularly assists clients across New South Wales to navigate this process efficiently and correctly.
What are Letters of Administration?
Letters of Administration is a court order appointing a person (the administrator) to manage and distribute the estate of someone who has died without a valid will. This is commonly referred to as dying intestate.
Once granted, the administrator has legal authority to:
Collect and manage estate assets
Pay debts and liabilities
Distribute the estate in accordance with intestacy laws
Without this grant, banks, superannuation funds, and government bodies will generally refuse to release assets.
When are Letters of Administration required?
Letters of Administration are usually required where:
In contrast, where there is a valid will, the executor applies for a grant of probate instead.
Who can apply?
Intestacy laws set out an order of priority for who is entitled to apply for Letters of Administration. This commonly includes:
Where there is disagreement, or multiple eligible applicants, the court may need to determine who is most appropriate to act as administrator.
How the process works
While each estate is different, the usual process involves:
Identifying the appropriate applicant
Advertising the intention to apply
Preparing affidavits and supporting documents
Filing the application with the Supreme Court
Responding to requisitions (if any)
Receiving the grant
Errors or omissions in the application often result in delays, additional costs, or rejection by the court.
Distribution of the estate
Once Letters of Administration are granted, the estate must be distributed strictly in accordance with intestacy laws. These rules determine:
The administrator has no discretion to depart from these rules, even where the outcome may not reflect what the deceased would have wanted.
Common complications
Applications for Letters of Administration often become more complex where:
There are blended families or estranged relatives
The deceased had children from multiple relationships
There are disputes about entitlement
Assets are held overseas or in multiple jurisdictions
There are competing claims to administer the estate
Early legal advice can significantly reduce the risk of delay or dispute.
Our approach
We provide clear, practical guidance throughout the entire process. Our role typically includes:
Advising on eligibility and priority
Preparing and filing court documents
Managing correspondence with asset holders
Guiding administrators through their legal duties
Assisting with estate administration after the grant
We aim to minimise stress and ensure compliance with all legal requirements.
Speak to an experienced estates lawyer
If a loved one has passed away without a will, or you are unsure whether Letters of Administration are required, timely advice is critical.
To speak with an expert wills and estates solicitor, give us a call or submit an enquiry now.
