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When someone passes away it typically falls to the family and relatives of the deceased to take control of any assets and debts and distribute them in accordance with the Will. Depending on the specific details of the Will (or lack of) and the value and types of assets held by the estate, a grant of Probate or a Letter of Administration may be required. East Coast Law is highly experienced in providing expert legal guidance and services in the application for grants of Probate and Letters of Administration.
Grants of Probate issued by the NSW Supreme Court are only valid for estate assets inside of NSW. For assets held in other states or overseas, separate grants must be sought from relevant judicial bodies.
Only an executor(s) nominated in the Will can apply for probate. If the Will does not name an executor or no named executors are able or willing to apply for Probate, then a Letter of Administration with the Will annexed is required (more on Letters of Administration below).
A nominated executor has the right to decline probate if they are unwilling or unable to take on the role. An executor can step down by signing a Probate Renunciation document.
If you’ve had a loved one pass away and have questions about who should apply for probate please contact our friendly team for guidance.
A grant of Probate is not always necessary. For circumstances where the value of the estate’s assets is low, a grant of probate is often not needed as holders will usually release smaller amounts without it. Where property is owned by a couple (married or de-facto), the property automatically passes to the surviving spouse.
A grant of Probate is required in NSW where;
Applications for Probate should be made within 6 months of the death of the Will-maker. Whilst not strictly necessary, it is highly recommended to seek legal advice from an experienced and qualified solicitor when applying for probate.
The process of receiving a grant of Probate is as follows;
A grant of Letters of Administration is a legal document issued by the NSW Supreme Court that authorises the administrator(s) to access and manage a deceased persons’ estate. Unlike grants of Probate, Letters of Administration are used where there was no known Will made by the deceased.
Once granted, the administrator of the estate will be responsible for its assets, debts, and the distribution of any assets to beneficiaries. You will have the right to sell or transfer assets and access information from organisations such as banks and superannuation funds.
There are also Letters of Administration with the Will Annexed. These documents grant access to manage a deceased person’s estate where a Will was made but no executor was nominated, willing, or able to apply for Probate. In this case, the Will is still valid and the administrator must manage the deceased person’s estate in accordance with the details of the Will.
A grant of Letters of Administration issued by the NSW Supreme Court is only valid for estate assets inside of NSW. For assets held in other states or overseas, separate grants must be sought from relevant judicial bodies.
Letters of Administration can be obtained by any potential beneficiaries of the inheritance of the estate – generally immediate family members. Family members entitled to inheritance in order of preference in accordance with the Succession Act 2006 (NSW) include;
Where there is more than one relative of the same type (ie multiple children) they can apply jointly for Letters of Administration. However, if only one person intends to apply when multiple relatives of the same type exist, they will need to either obtain consent from each eligible relative or serve notice of their intention to apply.
An applicant for the role of Administrator must be over the age of 18. They should be prepared for the responsibilities of the role which can include significant paperwork and dealing with multiple asset holders and debtors.
If you have any questions about your validity to apply for Letters of Administration please contact our friendly team for guidance.
As with grants of Probate, Letters of Administration are not always necessary and the same basic criteria apply. For circumstances where the value of the estate’s assets is low, a grant of Letters of Administration is often not needed as holders will usually release smaller amounts without it. Where property is owned by a couple (married or de-facto), the property automatically passes to the surviving spouse.
A grant of Probate is required in NSW where;
Applications for Letters of Administration should be made within 6 months of the death of your family member. Whilst not strictly necessary, it is highly recommended to seek legal advice from an experienced and qualified solicitor when applying.
The process of receiving a grant of Letters of Administration is as follows;
Our highly experienced legal team will provide guidance on the applications for Probate and Letters of Administration, prepare all relevant documentation, and lodge with the NSW Supreme Court on your behalf – All you need to do is sign the documents under the witness of a Justice of the Peace (JP).
With offices in Newcastle, Toukley, Maitland, Edgeworth & Port Macquarie our team are here to help you with affordable and approachable guidance and applications for Probate and Letters of Administration
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