When someone in your family or a close friend of yours dies, this is understandably a difficult time for you. That’s why we are here to provide the information you need to take care of all the legal aspects of what happens when a loved one dies - so you can focus on your family.
Letters of administration
Sometimes a deceased person dies without leaving a will. This may be because they have died suddenly or for some other reason. The lawyers at Fleming Law have personal experience in these situations, and we understand that they are a trying time for everyone. One of our caring and compassionate lawyers will help you take care of the legal side of things, so you can focus on properly grieving and healing through this difficult time.
What is a grant of letters of administration?
A grant of Letters of Administration is a legal document which is issued by the court in cases where a person has died without leaving a will, and as such, has not named an executor who they wish to handle the management of their estate, and the distribution of the deceased’s property to beneficiaries. Grants of Letters of Administration may also occur in cases where the deceased has left a will but has not named an executor or the named executor is unwilling or unable to take on the responsibility of managing the estate.
You can apply for Letters of Administration if you are:
The spouse and/or next of kin of the deceased
A person who is fit to be trusted to comply with the direction of the Court
A person that the Court thinks is fit to act as an administrator of the estate
What happens when multiple people wish to apply for Letters of Administration?
In certain cases, there may be multiple people or parties who wish to apply for Letters of Administration. In these cases, they should either make joint applications or apply with the permission of the other parties. An application for a grant for Letters of Administration needs to be filed within 6 months of the deceased’s date of death and there are certain steps that need to be carried out in applying for a Grant of Administration:
Search for a will - The applicant will need to prove to the court that they genuinely searched for a will but one was not found, leading to the conclusion that the deceased did not have one.
Obtain a death certificate - This must be done by applying to the Registry of Births Deaths and Marriages.
Publish an online notice of your intention to apply for Letters of Administration - Do this using the NSW Online Registry.
Complete and file all relevant forms - These include the Summons (UCPR Form 111), Affidavit of Applicant for Administration (UCPR Form 119), Inventory of Property (UCPR Form 117), Affidavit that Deceased was not in a Defacto Relationship (UCPR Form 126) (except where you are applying as the defacto spouse of the deceased), Grant of Letters of Administration document (UCPR Form 112) and if applicable, Consent to Administration (UCPR Form 125). All applications must be filed at the Supreme Court of NSW Registry, either in person or by post.
If you need assistance in filling out these forms, then you can contact the Registry by emailing firstname.lastname@example.org for procedural advice. However, if you need legal advice and assistance in making an application for grant of Letters of Administration, it is recommended that you contact our experienced legal team.