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Probate & Letters of Administration

Estate Administration

After someone passes away you need to carry out the Administration of their estate.

Depending on whether the Deceased had a Will, and what type of assets the Deceased had, you may need to:

  • Apply for a grant of Probate

  • Apply for a grant of Letters of Administration
  • Apply for a grant of Letters of Administration (with the Will Annexed)
  • Attend to Administering the estate (without a grant being necessary)

Probate

If the Deceased held a Will, and had assets that require a grant of Probate, a grant of Probate will be required from the NSW Supreme Court.

A grant of Probate is a legal document granted by the NSW Supreme Court.

A grant of Probate authorises an Executor to manage the Deceased’s estate pursuant to the provisions of the Deceased's will.

If the Deceased only left an “Informal Will”, such as a handwritten note or video recording, a grant of Probate may be granted on the Informal Will.

Letters of Administration

If the Deceased did not have a Will, and had assets that require a grant, a grant of Letters of Administration will be required from the NSW Supreme Court.

A grant of Letters of Administration is a legal document granted by the NSW Supreme Court.

A grant of Letters of Administration authorises an Administrator to manage the Deceased’s estate pursuant to the laws of intestacy.

Letters of Administration (with the Will Annexed)

If the Deceased held a Will, and had assets that require a grant of Probate, however no Executor is available to apply for a grant of Probate, a grant of Letters of Administration (with the Will Annexed) will be required from the NSW Supreme Court.

A grant of Letters of Administration (with the Will Annexed) is a legal document granted by the NSW Supreme Court.

A grant of Letters of Administration (with the Will Annexed) authorises an Administrator to manage the Deceased’s estate pursuant to the provisions of the Deceased's will.