What is Letters of Administration?
In New South Wales, letters of administration is a document issued by the NSW Supreme Court appointing an individual as the personal legal representative of a deceased person to administer their estate. Letters of Administration allow the administration of an estate where the deceased person has died without a valid Will and left assets in New South Wales.
The administration of the estate includes the calling in of estate assets, payment of liabilities, the setting up of any trusts, and distributing and /or transferring the estate to beneficiaries according to the laws of intestacy in NSW.
Who Can Apply for Letters of Administration?
Usually, the person with the greatest beneficial interest in the estate will apply for Letters of Administration. However, others may apply such as creditors or guardians of minor children where the children are the primary beneficiaries. In some instances, the Court will require that beneficiaries’ consent is obtained when another beneficiary applies for Letters of Administration.
What Documents are Required for my Solicitor?
If you are an appropriate person to apply for Letters of Administration, you will need to provide your solicitor with a variety of documents and information to assist the solicitor in making the application on your behalf. The documents will vary depending on the specific circumstances of the estate, but generally, you’ll need the following:
- Death Certificate: The deceased person’s death certificate. The original is preferred, although a certified copy is sufficient.
- Identification: Proof of your identity as the applicant and the identity of other beneficiaries or administrators, which may include passports, driver’s licenses, or birth certificates. It can be helpful to provide a form of identification for the deceased as some financial institutions and superannuation funds require this to release the funds.
- List of Assets and Liabilities: Prepare a detailed list of the deceased’s assets (e.g. real estate, bank accounts, investments, personal property) and liabilities (e.g. debts, credit card liabilities, mortgages, loans). Include current market values where applicable.
- Proof of Ownership and Valuation: Documents proving ownership of assets, such as certificates of title or account statements. For valuations, it may be necessary to obtain appraisals or market assessments for certain assets.
- Superannuation details of the deceased: Copies of any superannuation statements or documents that provide the deceased’s member number and balance. If available, having proof of who the nominated beneficiaries were can be very helpful.
- Will Searches: You will be required to show that you have made adequate searches for any wills that were executed by the deceased prior to their death. Your solicitor can assist you with this however they will need to know that you have carried out a thorough search of the deceased’s papers and personal belongings. This can include anything that contains the deceased’s testamentary wishes, such as a letter.
- Family Tree or Next of Kin Information: Information about the deceased’s family, including details about surviving spouses, children, and any other potential beneficiaries.
- Death certificates of any family or beneficiaries: If any beneficiaries or family members predecease the deceased, the Supreme Court does require proof of this to ensure the laws of intestacy are complied with. If you do not hold these, you or your solicitor can order a copy through New South Wales Births, Deaths and Marriages. [Link: https://onlineforms.bdm.nsw.gov.au/]
- Birth Certificates: it will be useful to have the birth certificate of the last of the children born to the deceased,
Once your solicitor has the documents from you, they can proceed with the Supreme Court’s online application. The application time will vary depending on the complexity of the estate and the further documents required by the Supreme Court.
The further documents that are typically required to submit with an application for letters of administration include:
- Summons for Administration: This is the legal document that notifies the court of the commencement of the letters of administration proceedings.
- Affidavit of Applicant: An affidavit signed by you, indicating your willingness to act as the administrator and your understanding of your responsibilities. This will also outline the assets, liabilities, and family relationships of the deceased.
- Affidavit as to de facto relationship: If applicable, you will be required to sign an affidavit indicating whether or not the deceased was in a de facto relationship at the date of their death.
- Renunciations and Consents: If there are other potential administrators or executors, documents showing their renunciation or consent to your appointment may be necessary.
Please note that this is a general list, and specific requirements may vary based on the complexity of the estate and the circumstances surrounding the application. It’s advisable to work closely with your solicitor, who will guide you through the process and ensure all necessary documents and information are correctly submitted to the court. Phone us on (02) 4050 0330 or enquire online.
