Letters of Administration NSW.

Frequently Asked Questions

 

Can I be appointed as Administrator if I live overseas?

No, you cannot apply to receive a Grant of Letters of Administration in NSW if you live overseas.  Thankfully, there is a simple way to bypass this restriction – a foreign resident can appoint a NSW resident to act as Administrator on their behalf, using a special document called a Power of Attorney.

Do you live overseas?  If so, you can appoint one of our experienced lawyers to act as Administrator on your behalf.  We can even prepare the Power of Attorney for you too.  Take the hassle out of getting Letters of Administration.  Get in touch now to obtain a fixed-fee quote.

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Do I need to apply for Letters of Administration in NSW?

You may or may not require a Grant of Letters of Administration, depending on the type of assets owned by the deceased, and whether those assets were located in NSW at the date of death.

To put it simply, some assets require a Grant of Letters of Administration, others don’t – for example:

Real Estate

• If real estate in NSW was owned solely by the deceased person (in his or her name only), a Grant of Letters of Administration is required before the property can be sold or distributed to the beneficiaries.
• If real estate in NSW was owned jointly by the deceased person and another person as tenants-in-common, a Grant of Letters of Administration is required before the deceased person’s share can be distributed to the beneficiaries.
• If real estate in NSW was owned jointly by the deceased person and another person as joint tenants, a Grant of Letters of Administration is not required to transfer the deceased person’s share to the surviving joint owner at the date of death.

Not sure how the deceased’s real estate was owned? Get in touch today and we will help you find out.

Bank Accounts

• As each bank has different policies, it’s best to contact the banks where the deceased held accounts to find out whether they require a Grant of Letters of Administration to release the decease’s funds.
• If the balance is small, e.g. less than $15,000, most banks won’t require a Grant of Letters of Administration.

Good to Know: Most banks will release funds to pay for funeral expenses before the Grant of Letters of Administration is received.

Personal Effects, Household Items and Motor Vehicles 

• Personal effects and household items: The deceased’s personal effects, e.g. clothing and jewellery, and household items, e.g. furniture and artworks, can be distributed to the deceased’s beneficiaries pursuant to the laws of intestacy without a Grant of Letters of Administration being received.
• Motor vehicles: A Grant of Letters of Administration is not required to transfer the deceased’s motor vehicles registered in NSW to the deceased’s beneficiaries pursuant to the laws of intestacy. You can contact Roads and Maritime Services (RMS) to find out more.

Superannuation and Life Insurance 

• If the deceased person made a binding death benefit nomination to a dependant, which was validly made, a Grant of Letters of Administration may not be required.

However, like with banks, different super companies have different policies, so you should contact the super company where the deceased’s account was held to find out whether a Grant of Letters of Administration is required for the deceased’s funds to be released.

Shares

• If the deceased person owned shares in a private or public company, a Grant of Letters of Administration is usually required before the shares can be transferred to the beneficiaries.

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How much do Letters of Administration services cost in NSW?

When obtaining a Grant of Letters of Administration NSW, there are three separate costs. Here’s a simple breakdown:

Filing fee: The filing fee is paid to the Supreme Court of NSW when the application is filed. This fee is based on the ‘total value’ of the deceased’s estate as at the date of their death.

We finance the Supreme Court filing fee on your behalf as part of our Letters of Administration service – that means you won’t be out pocket a single dollar at any time. Contact us today to find out how we can take the stress out of getting Letters of Administration.

Advertising fee: The Administrator must publish a notice of intention to apply for Letters of Administration at least 14 days before the Letters of Administration application is filed. The Supreme Court of NSW charges a small fee to publish this notice.

As part of our Letters of Administration service, we will draft and submit this notice to the Supreme Court of NSW on your behalf.  Ready to get started?  Contact us now.

Professional fee: Our professional fee is fixed by the Supreme Court of NSW and differs depending on the ‘total value’ of the deceased’s estate.

Contact us now to obtain a fixed fee quote for us to assist with your Letters of Administration application.

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What is the difference between a ‘Death Certificate’ and a ‘Cause of Death Certificate’?

A Death Certificate is an official document from the NSW Registry of Births, Deaths, and Marriages, which is used as evidence to prove a person has died.

A Cause of Death Certificate is prepared by a doctor at the time of death and records the cause of death among other things.

To apply for a Grant of Letters of Administration, we only require the Death Certificate.

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How do I get the Death Certificate?

The appointed Funeral Director will apply for the Death Certificate, which will be delivered to a person known as the ‘informant’ – this is normally the deceased’s next-of-kin and is the person who provided the Funeral Director with the necessary information to file the death record.

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Can I keep the original Death Certificate?

The original Death Certificate is submitted to the Supreme Court of NSW as part of the Letters of Administration application.  As part of our Letters of Administration NSW service, we seek the original Death Certificate is returned by the Supreme Court when the Grant of Letters of Administration is received.

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If there is no valid Will, who is entitled to the deceased’s assets?

You may be wondering who receives a deceased person’s assets if they die without a valid Will or if their Will is incomplete and leaves out some of their assets.

In this scenario, the assets are distributed to certain relatives of the deceased according to special rules, called the rules of Intestacy. These rules form part of the Succession Act 2006 (NSW) and are summarised below:

Scenario 1: The deceased person is survived by their Spouse (a person who was married to or in a domestic partnership with the deceased person immediately before their death) and leaves no children.

In this scenario, the Spouse is entitled to the full estate.

Scenario 2: The deceased person is survived by their Spouse and children of that relationship.

As above, in this scenario, the Spouse is entitled to the full estate.

Scenario 3: The deceased person is survived by their Spouse and children of a former relationship.

In this case, the Spouse is entitled to:

The personal effects (personal items) of the deceased;

A Statutory Legacy (gift) of $350,000, adjusted by the Consumer Price Index; and

One half of the remainder of the deceased person’s estate.

The children are entitled to one half of the remainder of the deceased person’s estate, divided into equal shares if there is more than one child.

Scenario 4: The deceased person is survived by children, but not a Spouse.

Here, the children are entitled to the whole of the estate, which is divided into equal shares if there is more than one child.

Scenario 5: The deceased person is survived by their parents, leaving no Spouse or children.

The parents are entitled to the whole of the estate, divided into equal shares.

Scenario 6: The deceased person is survived by their siblings, leaving no Spouse, children, or parents.

The siblings are entitled to the whole of the estate, divided into equal shares.

Scenario 7: The deceased person is survived by their grandparents, leaving no Spouse, children, parents, or siblings.

The grandparents are entitled to the whole of the estate, divided into equal shares.

Scenario 8: The deceased person is survived by their aunts and/or uncles (siblings of the deceased person’s parents), leaving no Spouse, children, parents, siblings, or grandparents.

The aunts and/or uncles are entitled to the whole of the estate, divided into equal shares.

Scenario 9: The deceased person leaves behind no Spouse, children, parents, siblings, grandparents, aunts, or uncles.

In this scenario, the State of NSW is entitled to the whole of the estate. Alternatively, the State can choose to pay all or some of the estate to:

• A dependant of the deceased person;
• A person who has a just or moral claim to the estate;
• An organisation or person whom it would be reasonable for the deceased person to provide for;
• The trustee for any of the people referenced above.

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What is the difference between Letters of Administration and Probate?

The Executor is appointed in the deceased’s last Will. The Executor applies for Probate so the deceased’s estate can be administered pursuant to the terms of the Will.

If someone dies without a valid Will, there will be no named Executor. In this scenario, the deceased’s next-of-kin, such as their spouse or parent, typically performs the role the Executor would have performed had there been a valid Will. The person appointed to deal with the estate in this situation is called the Administrator and the appointment is made by a Grant of Letters of Administration.

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How long does it take to receive Letters of Administration NSW?

Applications for Letters of Administration filed by us are usually sealed and returned within 3 to 4 weeks – however, it is worth noting that processing times vary based on the number of applications the Supreme Court of NSW is dealing with at any given time.

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What does an Administrator do?

The role of an Administrator can be complex and demanding.  In any given case, an Administrator may be required to perform the following tasks:

Arrange the funeral: The Administrator is required to organise the funeral and liaise with the Funeral Director to apply for a Death Certificate.

Notify relevant organisations: The Administrator must promptly notify various organisations regarding the deceased person’s death – including:

• Financial institutions (for example, banks and the Australian Taxation Office)
• Service providers (for example, telcos and energy providers)
• Other relevant organisations (for example, Roads and Maritime Services)

Notify beneficiaries: The Administrator must promptly contact the deceased’s beneficiaries – as determined by the laws of intestacy – to notify them of their entitlements.

Look after the estate: The Administrator must ensure all assets – including property and investments – are safe and protected. This includes arranging insurance to provide further protection if required.

Defend claims: The Administrator must defend any claims brought against the estate, (for example, family provision claims).

Value the estate: The Administrator must identify and determine the value of the estate’s assets and liabilities.

Obtain authority to administer the estate: The Administrator must apply to the Court to receive authority to administer the deceased’s estate. This is known as obtaining a ‘Grant of Letters of Administration’.

Lodge income tax returns: Before the estate can be distributed, the Administrator must ensure all tax returns for the deceased person have been completed and lodged – this often involves completing several tax returns, including a tax return for the estate itself.

Pay liabilities: The Administrator must pay the liabilities and expenses of the estate, (for example, creditors, funeral expenses, income tax, fees for administering the estate and any out-of-pocket expenses). To do this, the Administrator may need to sell some of the deceased’s assets, although the beneficiaries may choose to cover these expenses if they do not want the assets to be sold.

Establish trusts: The Administrator is responsible for establishing trusts for beneficiaries if required, (for example, a trust is required if a beneficiary is a minor).

Distribute the estate: Once the liabilities have been paid and the required trusts have been established, the Administrator can distribute the remaining assets to the beneficiaries pursuant to laws of intestacy. The Administrator usually has 12 months from the date of death to administer and distribute the estate. If this time limit is exceeded, the beneficiaries may have a right to claim interest from the Administrator.

Obtaining Letters of Administration in NSW doesn’t need to be complex or time-consuming. Our goal is to make the process quick and simple, with minimal fuss. Contact us today to obtain a fixed-fee quote.

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What happens if a Will is found at a later date?

If a Will is found after the Grant of Letters of Administration has been received, the Executor named in the Will must be notified. Assuming the Will is valid, the Grant of Letters of Administration will be revoked and a Grant of Probate will be issued to the Executor.

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What searches do I need to conduct if I want to obtain Letters of Administration?

In order to obtain a Grant of Letters of Administration from the Supreme Court of NSW, extensive searches must first be undertaken to try and locate a Will.  As a minimum, the following searches must be performed:

Residence: The deceased’s residence should be searched thoroughly, especially in places where the deceased’s personal documents were stored.

Banks: You’ll need to contact each bank where the deceased held an account to find out whether they are holding any safe custody items on behalf of the deceased. Unsure which banks to contact? We can help you locate the relevant banks and make the necessary enquiries on your behalf.

Solicitors: If the deceased owned property or was divorced during their lifetime, it’s likely they engaged the services of a solicitor. You should contact the solicitors used by the deceased to find out whether they are holding a Will on behalf of the deceased in their safe custody. Unsure which solicitors to contact? No problem, we can locate the deceased’s previous solicitors and make the necessary enquiries on your behalf.

NSW Trustee and Guardian (NSWTG): The deceased may have made a Will with NSWTG. If so, it is possible that NSWTG are holding the Will on their behalf.  As part of our Letters of Administration service, we contact NSWTG and make the necessary enquiries on your behalf.

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Is there a time limit for applying for Letters of Administration in NSW? 

The Administrator should apply for Letters of Administration within 6 months of the date of death. If the application is filed after this time, you will need to provide an explanation to the Court to account for the delay.

If it has been more than 6 months and you have not applied for Letters of Administration, do not worry – many of our clients are in this position when they contact us. The good news is, that we can help by preparing the necessary Court document to explain the delay (called an ‘affidavit of delay’).  Even better, we provide this service free of charge as part of our Letters of Administration service.

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What does ‘Letters of Administration with the Will annexed’ mean?

If the deceased person did not appoint an Executor in their Will – or if the sole Executor has died before the deceased or renounces Probate of the Will (i.e. decides they don’t want to act as Executor) – an application needs to be made for a Grant of Letters of Administration with the Will annexed.

The Supreme Court of NSW will appoint an Administrator for the estate, who will act in a similar capacity as an Executor. The application for the Grant of Letters of Administration with the Will annexed will usually be made by the beneficiary entitled to the biggest share of the estate, who will then become the Administrator.

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Do I need to publish a notice of intention to apply for Letters of Administration?

Yes. You need to publish a notice online indicating your intention to apply for Letters of Administration at least 14 days before your application is filed.

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Do I need to pay a bond when I apply for Letters of Administration? 

A bond is a form of security given (in other words, a promise made) by the Administrator that they will comply with their obligations to administer the deceased’s estate and pay the beneficiaries their entitlements.

Under the Probate and Administration Act 1898 (NSW), anyone applying for Letters of Administration is required to pay a bond before the Grant can be made.  However, it is now common practice for the Court to dispense with the requirement for a bond, if notice of the intention to apply without a bond has been given to every adult beneficiary – the rationale being, that such beneficiaries can challenge their right to a bond, if desired.

If a beneficiary is a minor or has a disability, a bond will need to be paid unless the minor’s guardian or the financial manager of the person with the disability provides their consent.

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Where do I go to sign the Letters of Administration application? 

You can sign the Letters of Administration application in the presence of one of our lawyers, free of charge.

Alternatively, you may wish to sign the documents in the presence of a Justice of the Peace (JP) if this is more convenient for you.  Should you prefer to sign in the presence of a JP we will give you full instructions regarding how the documents need to be signed.

Good to Know: Most police stations, pharmacies and local courts offer a free JP service. Make sure you call ahead though, as you may need to schedule an appointment.

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What happens after I have obtained Letters of Administration?

Once the Grant of Letters of Administration has been received, the Administrator must administer the estate and perform the remainder of their responsibilities.

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What is a requisition from the Supreme Court of NSW?

A requisition from the Supreme Court is a notice that some or all of the requirements under the Probate and Administration Act 1898 (NSW) and/or the Supreme Court Act 1970 (NSW) haven’t been complied with.

In this situation, the Administrator needs to identify the issues and file additional and/or amended documents to address the non-compliance.

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The deceased left assets in another State – do I need Letters of Administration in that State?

To receive a Grant of Letters of Administration in NSW, the deceased must have left assets in this State.  If Letters of Administration have already been received in NSW and the deceased held assets in other States, it may be necessary to have the NSW grant resealed in the State where the other assets are held.  This may or may not be required depending on the asset holder’s requirements.

If the deceased did not leave assets in NSW, there is no need for you to obtain Letters of Administration in NSW – instead, an application should be filed in the State where the assets are held.

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What does it mean to Reseal a Grant of Letters of Administration?

If a Grant of Letters of Administration has been obtained in a State other than NSW or a different country, it does not have any legal effect in NSW.  In this situation, the Supreme Court of NSW can ‘Reseal’ the Grant of Letters of Administration, as long as the original grant was made in a Commonwealth country or a different State within Australia.

After the Grant of Letters of Administration has been Resealed, it will have the same effect as if the grant was originally received in NSW.