We’ve Got You Covered
We provide skilled assistance with Letters of Administration, a crucial service for those dealing with an estate without a will. Our team expertly guides clients through the process of obtaining Letters of Administration, which are necessary to manage and distribute a deceased person’s estate in the absence of a valid will. We handle every aspect with sensitivity and precision, ensuring that the estate is administered according to the law and that the interests of all beneficiaries are fairly represented.
Kaisha Gambell
Senior Associate
Step 1: Talk To Us
Reach out to Coutts Lawyers via our website, phone, or in person for a consultation on how we can help you secure your future.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your Estate matter and desired outcomes.
Step 3: We get to work
Rest assured, we’ll meticulously take care of all the legalities and processes involved in your Estate matter.
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Grant of Letters of Administration
Grant of Letters of Administration is similar to a Grant of Probate and is a legal document from the Supreme Court of New South Wales that authorises the next-of-kin of a deceased person to manage the estate of a deceased person and distribute their assets to a class of beneficiaries determined in accordance with the rules of intestacy.
A Grant of Letters of Administration is normally required in two situations:
- Where a person dies intestate (without a valid Will); and
- Where a person dies with a valid Will, but there is no executor available to apply for a Grant of Probate because they have also passed away or no longer have the mental capacity to act in this role and there is no substitute executor appointed or the wording of the will only allow a substitute executor in certain circumstances and those circumstances don’t apply (eg. only if the first appointed executor dies but the first appointed executor is alive but is incapacitated).
The rules of intestacy exist to determine which of the deceased person’s relatives are entitled to the assets of the estate. The persons who are entitled to the majority of the estate are also the persons who become the applicants for a Grant of Letters of Administration.
Making an application for a Grant of Letters of Administration in the Supreme Court of New South Wales can quickly become cumbersome for family members of the deceased because of the requirements, paperwork and steps involved in the legal process. We understand that this may become especially difficult when the family member is grieving their loved one whilst trying to do all of the tasks to manage the estate. The Wills & Estates Team at Coutts makes this process simple by removing the guesswork and assisting you in completing the legal process of obtaining a Grant of Letters of Administration.
Who is entitled to apply for a Grant of Letters of Administration?
The persons who are entitled to the majority of the estate under the rules of intestacy are also the persons who are entitled to become the applicants for a Grant of Letters of Administration and the “Administrators” of the estate.
Under the rules of intestacy, there is a statutory order of relatives created by the law to achieve a “blanket solution” to what the person who passed away without the will might have done in their lifetime.
You must exhaust every relative who fits within the category before moving on to the next category and once an eligible relative is found, the process stops. If there is more than one relative in a category, then these relatives become equal beneficiaries of the estate.
The statutory order is as follows:
- Spouse, including a married or de-facto spouse and same-sex relationships
- Children, including biological and formally adopted children but not stepchildren
- Parents
- Brothers and sisters
- Grandparents
- Aunts and Uncles
- Cousins
- NSW Government
What are the timeframes for a Grant of Letters of Administration?
An application for a Grant of Letters of Administration should be filed with the Supreme Court of New South Wales within six (6) months of the date of death.
The administration of the estate should be finalised and distributed to the beneficiaries within twelve (12) months from the date of death.
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Introducing Kaisha
Your Compassionate Lawyer
Meet Kaisha, a Senior Associate at Coutts Lawyers & Conveyancers, and the head of our esteemed Wills & Estates Law team. With her wealth of experience, Kaisha’s blend of empathy and thoroughness not only helps her foster genuine connections with her clients but also cements her reputation as a top-tier authority in Wills & Estates law.
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Letters of Administration FAQ’s
A Grant of Letters of Administration is a legal document from the Supreme Court of New South Wales that authorises the next-of-kin of a deceased person to manage and distribute the deceased person’s estate, according to the rules of intestacy, in cases where the person has died without a Will or there is no available executor.
The application process for a Grant of Letters of Administration involves preparing necessary documents, proving the entitlement to the estate, and submitting the application to the Supreme Court of New South Wales. Professional services, like those offered by Coutts, can guide applicants through each step, handling legal paperwork, and ensuring all statutory requirements are met, thereby simplifying the overall process.
Yes, the distribution of assets under a Grant of Letters of Administration can be contested. Legal counsel, like Coutts Wills & Estates team, can provide assistance in such disputes, helping to resolve conflicts and ensure that the distribution of assets aligns with statutory requirements and entitlements under the rules of intestacy.
If no eligible relatives can be located according to the statutory order under the rules of intestacy, the assets of the deceased person may revert to the state, in this case, the NSW Government. It is crucial to consult with legal experts in estate management to explore all possible avenues for locating eligible relatives and avoiding this situation if possible.
While it may not be strictly mandatory, acquiring a Grant of Letters of Administration is typically necessary to lawfully manage and distribute the deceased person’s estate when there is no will or no available executor. This grant ensures that the estate is administered according to the statutory order outlined in the rules of intestacy, providing legal authority to the administrator.
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