THE LETTERS OF ADMINISTRATION PROCESS

When someone passes away, the Administrator pursuant to the laws of intestacy will need to manage, administer and distribute the Estate. Generally, the Administrator will need to apply to the Supreme Court to obtain a Grant of Letters of Administration, however a formal Grant from the Court is not required in all situations.

WHAT ARE LETTERS OF ADMINISTRATION

If someone passes away without a Will or a Will is found to be invalid, the family of the deceased may apply for a Grant of Letters of Administration. There is a criteria set by the legislation which determines who the most appropriate person to apply for the Grant of Letters of Administration is and who is entitled to the Estate of the Deceased.

THE PROCESS

The Letters of Administration process is generally similar, however there can be various scenarios and complexities across the Estates which means that no single Estate is the same. However, the basics of the Letters of Administration process are exactly the same and a high-level overview of the Letters of Administration process is:

STEP 1: Determine the Administrator and Beneficiaries.

STEP 2: Conduct formal searches to locate a Will of the deceased.

STEP 3: File an application with the NSW Supreme Court for a Grant of Letters of Administration.

STEP 4: Receive the Grant of Letters of Administration from the NSW Supreme Court.

STEP 5: Realise all assets and pay all creditors.

STEP 6: Distribute the Estate to the Beneficiaries.

YOUR NEXT STEPS

The Letters of Administration process can become overwhelming and as the Administrator, you need to allocate time to ensure you have properly managed, administered and distributed the Estate. VIVMAR Lawyers can take the stress out of this process and handle the whole process for you.