What is a Letter of Administration?

Letters of Administration is a legal document issued by the Supreme Court (in each state or territory) that grants an individual the authority to manage and distribute the estate of someone who has died without leaving a valid will. This process is essential to ensure the deceased’s assets are administered according to law.

If a person passes away intestate (without a will), the court appoints an administrator—usually a close family member—to handle their estate. The Letter of Administration confirms this appointment and allows the administrator to collect assets, pay debts, and distribute the remainder to rightful beneficiaries.

Navigating the process of obtaining a Letter of Administration can be complex and time-consuming. At Jo’kaklian Lawyers, we provide expert guidance to streamline this process, ensuring your responsibilities as an administrator are clear and compliant with legal requirements.

If you have recently experienced a loss and need assistance in managing an estate without a will, contact our experienced team for personalised advice and support through every step of the administration process.

Why Letters of Administration are important?

When someone dies without a valid will, no one automatically has the legal right to deal with their estate. Financial institutions, share registries and the NSW Land Registry Services will generally not release or transfer assets until the Supreme Court issues Letters of Administration.

This formal approval ensures:

• The estate is managed lawfully and transparently;

• The rightful beneficiaries receive their proper entitlements; and

• The administrator is protected from personal liability when acting in accordance with the court’s authority.

It provides certainty during a difficult time and prevents disputes over who should control or inherit the deceased’s property.

Who Can Apply for Letters of Administration?

Priority is usually given to the deceased’s next of kin, such as:

1. The surviving spouse or de facto partner;

2. Adult children;

3. Parents;

4. Siblings;

5. Other close relatives, if no immediate family exists.

If no eligible relative can be located, the estate may ultimately pass to the State of New South Wales under the rules of intestacy.

What the Administrator must do?

Once the Letters of Administration are granted, the administrator must:

• Identify, value and collect all assets;

• Pay funeral expenses, debts and taxes;

• Keep detailed records of all transactions; and

• Distribute the estate to the beneficiaries according to the Succession Act 2006 (NSW).

The administrator has fiduciary duties to act in the best interests of the estate and to ensure compliance with all legal and financial obligations.

What is Probate?

Probate is the legal process that validates a deceased person's will through the court system and oversees the administration of their estate. This process includes:

• Confirming the authenticity of the will

• Appointing the executor or administrator

• Authorising the distribution of assets according to the will or, in its absence, the laws of intestacy

Probate ensures that all debts and taxes owed by the deceased are settled before any assets are passed to beneficiaries. It provides a structured and lawful framework to manage and finalise the deceased’s financial affairs, offering clarity and security to all parties involved.

At Jo'kaklian Lawyers, we guide clients through the complexities of probate, ensuring a smooth, efficient process from start to finish. If you need assistance with probate matters, our experienced team is here to help.

Why Probate is important?

Probate plays a crucial role in protecting both beneficiaries and the estate. It serves as official recognition that the executor or administrator has the legal authority to act on behalf of the deceased. Without a grant of probate, banks, share registries and the NSW Land Registry Services will generally refuse to release or transfer assets.

The probate process also ensures:

• Transparency and accountability — Executors must provide a full inventory of assets and liabilities to the Court.

• Protection against fraud — Only the approved executor can deal with estate property, preventing misuse or unauthorised access.

• Clear legal ownership — Once probate is granted, all property dealings and asset transfers are legally recognised.

How long Probate takes?

The timeframe for obtaining probate varies, but it typically takes around four to eight weeks from the date the application is filed—provided all documents are complete and no objections arise. Complex estates, missing documents or disputes can cause delays.

When Probate may not be required

Probate may not be necessary when:

• The estate is small, and banks agree to release funds without a court order;

• All assets are jointly owned and automatically pass to the surviving owner; or

• There is no real estate or significant financial asset requiring formal transfer.

A lawyer can assess whether probate is needed based on the nature and value of the deceased’s assets.

Our role at Jo’kaklian Lawyers

We provide practical and compassionate support through every stage of the probate process, including:

• Preparing and filing the Supreme Court application

• Drafting required affidavits and inventory of assets

• Liaising with financial institutions and beneficiaries

• Assisting with asset transfers and final distribution

We aim to make a complex and emotional process as straightforward and stress-free as possible for families.