Probate Letters of Administration

Probate & Letters of Administration


Probate Letters of Administration, in legal terms is the authority to administer the estate of someone who has died without making a will!

If a deceased person dies leaving a valid will, the executor named in the will has the duty to obtain a Grant of Probate in order, to deal with the estate’s assets and liabilities and distribute the estate in accordance with the will.

However, if a deceased person dies without leaving a will (dies ‘intestate’), or where there is a will but no executor available, willing or capable to act, the deceased’s estate can only be administered by a person (usually one who has the largest interest in the estate) obtaining a Grant of Letters of Administration from the Court.

A Grant of Letters of Administration legally authorises the person named as ‘Administrator’ in the Grant to deal with the estate’s assets and liabilities and proceed to administrate and distribute the estate either in accordance with the deceased’s will (if there is a will) or the laws of intestacy (if there is no will).

The application process can be a complex task. Court documents and Affidavits need to be completed and filed with the Supreme Court; searches must be carried out to locate any missing wills or documents that set out the intentions of the deceased; and enquiries must be made with the deceased’s past and present banks, asset holders, solicitors, accountants in order, to locate any assets of the deceased.

It is important to remember that Probate Letters of Administration granted in NSW only authorises the Administrator to deal with the estate’s assets held in NSW. If the deceased has assets in another Australian state or territory, or overseas, a Reseal or new Grant may be required.

Probate Letters of Administration Legal Advice!

If you are considering making an application for Probate & Letters of Administration for an estate of which you have beneficial interest in, or if you require an expert lawyer who can assist you with your matter, call the Sydney Probate Lawyers today for a consultation on (02) 9221 2779 or email us at