Up until 1 August 2023 the process of drafting the necessary forms for an application for letters of administration in NSW was done by manually drafting Word documents.
From 1 August 2023, applications for probate, letters of administration or reseals must be submitted electronically and filed online.
The process is started by first registering on the NSW online registry which requires the applicant(s) to confirm IDs using the 100-point system. The applicant(s) may then complete the online form, which includes uploading a scanned copy of the will and death certificate.
For letters of administration applications, the documents include, but are not limited to:
You are required to establish the order of priority for the distribution of the estate under the Succession Act 2006 and the Wills, Probate and Administration Act 1898. The person(s) who is/are entitled, in priority, to benefit in the estate are the person entitled, in priority, to apply to become the administrator(s) of the estate. The order is:
The applicant must detail in the Affidavit of Applicant for Administration, that all persons who may be entitled to apply, in priority, are ‘cleared off’ by demonstrating that such persons have never existed or have predeceased the deceased. Evidence by way of birth, death and marriage certificates are required to be annexed to the affidavit.
Applying for Letters of Administration is not a simple task. It requires a detailed review of the family structure, and the death certificate and other supporting documents to be sure all potential issues are dealt with in the application documents.
We recommend calling AussieLegal on our free 1300 728 200 helpline to speak to one of our experienced paralegals to discuss your situation.
AussieLegal has successfully completed over 3,200 probate and letters of administration applications over the last 20 years.
