Deceased Estates: Probate and Letters of Administration

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Someone has to deal with the person’s assets by administering their estate. If there is a Will, it will name one or more Executors to do the job. If there is no Will, then the person has died ‘intestate’ so somebody will need to apply (usually next of kin) to the Court to be appointed the Administrator.

The Executor or Administrator is also called the Legal Personal Representative (LPR).

It is the Supreme Court’s ‘stamp of approval’ that the Executor(s) named in the Will has proved to the Court that the Will is valid, and that the Executor(s) has the authority to administer the estate according to the testamentary wishes set out in the Will.

When there is no valid Will, the laws (statutory rules) of intestacy apply – they are somewhat complex and based on a hierarchy of familial relationships to determine beneficiaries and differ slightly from state to state. In most cases, the Grant of Letters of Administration by the Supreme Court is made to the next of kin of the deceased. 

No. The law in NSW allows individuals who are not solicitors apply to be the LPR of a deceased estate. Although, it is a difficult and complex task that is often done in partnership with a solicitor. 

No. It depends on the size of the deceased estate and whether real estate is part of the deceased’s asset. You cannot deal with land (real property) without a Grant. 

In NSW, you have 6 months from the date of death to apply for a Grant. Applications lodged after this date must explain to the Court the reason for the delay.

Yes. We can advise you as to whether a Grant is required. If a Grant is required, we can act on your behalf to draft and lodge the application which will likely minimise errors and delay. After the Grant is made by the Court, we hand over the administration of the estate to you after we have coached you on the obligations of an LPR. We will assist with the administration of a deceased estate on case by case basis.

There are statutory rules capping what solicitors can charge for drafting the application itself based on the size of the deceased estate, then there is additional work around information gathering. Book a free 10 minute chat to discuss next steps HERE