Step by step guide - Applying for Letters of Administration

You will need the following documents before you apply for Letters of Administration:

• the original Death Certificate
• the original will if there is no executor named or the executor is unable or unwilling to act, and you are applying for Letters of Administration with the will annexe

You will also need:

• the full name of the deceased 
• the last address the deceased 
• the date of death
• the address and details of any assets (property) in NSW
• details of any debts owed by the deceased
• the full names of the beneficiaries under the rules of intestacy, including their age and entitlements
• an email address for notices to be sent.

You may also need certified copies of the following documents, to prove who the beneficiaries are:

• Marriage Certificate of the deceased person,
• Birth Certificate of the deceased person,
• Birth Certificate(s) of other people entitled under intestacy,
• Death Certificate(s) of any person who would have been entitled under intestacy
• Divorce Certificate or evidence that the deceased was divorced from any person who would have been entitled under intestacy.

You should make extra photocopies of the documents for your own records. You should consider getting certified copies of the original documents.

If your application is uncontested, you can make an application for Letters of Administration using the Probate Service. If your application is complex, you should get advice from a private lawyer.

There are fees for making an application which are payable by credit card.

Once you have registered, you can log on to your account by clicking on the Probate tile on the NSW Online Registry website, or the Probate Service on the Supreme Court of NSW website.

If you do not have access to the internet or if you do not own a credit card, you may visit the Supreme Court registry in person for assistance.

Once you log in to your account on the Probate Service, you can apply for a grant of representation by answering questions about the deceased, their assets (property) and about yourself as the applicant applying for Letters of Administration, or Letters of Administration with the will annexed.

If you need help with your application, click on the Help & Support tab on the Probate Service for instructions. You can also use the applicant checklist.

If you don’t have all the information you need, you can save your application and continue later.

The Notice of Intended Application will be published when you apply for a grant of representation.

The Probate service will automatically generate and pre-fill the following forms for you to download and print:

• Summons for Administration (Form 111) (or Letters of Administration with the Will Annexed)
• Grant of Administration (Form 112) (or Grant for Letters of Administration with the Will Annexed)
• Inventory of Property (Form 117)
• Affidavit of Applicant for Administration (Form 119) 
• Affidavit of the Application for Administration with the Will Annexed (Form 120)

Depending on your responses, you may also be required to complete the following forms separately:

• Affidavit that Deceased was not in a De facto Relationship (Form 126)
• Consent to Administration (Form 125)
•  Affidavit of Service (Form 41)

You can download these forms from the Uniform Civil Procedure Rules (UCPR) website. 

Instructions: Affidavit that Deceased was not in a De facto Relationship
Sample: Affidavit that Deceased was not in a De facto Relationship

Instructions: Consent to Administration
Sample: Consent to Administration

Instructions: Affidavit of Service
Sample: Affidavit of Service

You will need to sign the printed forms in front of a prescribed witness (Lawyer or Justice of the Peace) who will verify your identity. The witness must also sign and write their details.

For more information about where to find a Justice of the Peace, see  Finding a JP on the Department of Communities & Justice website. 

It is a good idea to keep a certified copy of the original death certificate before you file it with the Court. Alternatively, you can also apply for a new death certificate from Service NSW for a fee. If you want to apply for a new death certificate, see Death certificates on the NSW Government website.

You will be prompted to upload the following documents with the Supreme Court of NSW:

• Summons (Form 111)
• Grant of Administration (Form 112)
• Affidavit of Applicant for Administration (UCPR form 119)
• Affidavit of Applicant for Administration with the will annexed (UCPR form 120)  
• Inventory of Property (Form 117)
• The original death certificate
• The will, if applying for Letters of Administration with the will annexed.

You must pay a filing fee if the gross value of the estate is more than $100,000.  The filing fee varies according to the gross (total) value of the estate.

For more information, see Current fees on the Supreme Court of NSW website.

If you can’t afford to pay the filing fee, you can apply for a waiver, postponement or reduction of the fee.

For more information, see Fee Postponement, Waiver, Refund & Reduction forms on the Supreme Court of NSW website.

If you are applying for Letters of Administration with the will annexed, you will need to also file the original will including any codicils by post or in person to the Supreme Court of NSW registry. 

You must provide a copy of the covering letter generated online or a covering letter that includes the case number for your application.

Follow the instructions provided to you and remember to keep a copy of all documents before filing with the Court. The Court will not return the original will. 

If your application is incomplete or incorrect, you will receive requisitions from the Court by email which explains the problems with your application.

You will need to either re-file a form or file a separate affidavit to answer the requisition.

The Court will not grant Letters of Administration until you have answered the requisition. The Court may raise further requisitions if the Court is not satisfied with your response.

Your application may be dismissed if you fail to respond to the requisition or if you do not ask for more time to respond to the requisition. 

If there are no problems with your application and documents, and after any requisitions are finalised, the Court will grant Letters of Administration. You will be notified by email.

You do not need to attend court as the Registrar will do this in Chambers (not in an open court).

For more information, see Distributing the estate.