​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

​​

Making an application for letters of administration

Before you make an application for letters of administration in the Supreme Court of New South Wales, you must wait at least 14 days after the notice is published on the NSW Online Registry website. For more information, see Applying for letters of administration.

If you want to make an application for letters of administration, follow the steps in the guide on this page.

Icon: Page with numbered list  Making an application for letters of administration - Step by step guide

​​Step 1: Prepare you​​r documents

To make an application, you will need the following information and documents:

  • the original Death Certificate for the deceased person
  • the original will (if there is a will, but there is no executor or the executor is unwilling or unable to act)
  • the names, ages and addresses of other people entitled under intestacy.

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.

Icon - alert  If any of the original documents are in another language, they must be translated to English by an accredited translator.

Step 2:  Get th​​​e forms

You will need the following forms:

  • Summons for Administration (Form 111)
  • Grant of Administration (Form 112)
  • Inventory of Property (Form 117)
  • Affidavit of Applicant for Administration (Form 119)
  • Affidavit that Deceased was not in a De facto Relationship (Form 126), if relevant
  • Consent to Administration (Form 125) or Affidavit of Service (Form 41).

You can get copies of the forms:

Step 3: Fill in the ​Summons for Administration

When you fill in the form you should include:

  • the full name of the deceased
  • the date of death as stated on the death certificate
  • the suburb the deceased lived in
  • the occupation of the deceased
  • the gross and net value of the estate
  • the capacity of the applicant, for example, widow of the deceased
  • details of the executor if the deceased had a will and reasons for being unable or unwilling to act
  • a request that the bond be 'dispensed with' or 'reduced'.

Icon - sample/instruction  Instructions for filling out a Summons for Administration

Icon - sample/instruction   Sample Summons for Administration (Form 111)

Step 4: Fill in th​e Grant of Administration

When you fill in the Grant of Administration form you should include:

  • the details of the court
  • the full name of the deceased
  • the address of the deceased
  • the date of death
  • the name and address of the person applying for the grant
  • the basis of grant
  • any limitations of the grant.

You do not need to sign the form.

You must also attach a copy of the Inventory of Property to the Grant of Administration.

Icon - sample/instruction  Instructions for filling out a Grant of Administration

Icon - sample/instruction   Sample Grant of Administration (Form 112)

Step 5: Fill in the​ Inventory of Property

When you fill in the Inventory of Property you should include:

  • the name of the deceased
  • a list and description of the properties owned solely by the deceased in NSW
  • a list and description of the properties owned by the deceased as joint tenants with another person in NSW
  • the estimated or known value of each of the properties
  • the total value.

Icon - alert  Property includes assets owned by the deceased. For example, real estate, cash held in a bank account, furniture, valuable jewellery, antique collections, paintings, cars and boats owned by the deceased.

When you have finished providing details of the property owned by the deceased, you need to sign it in front of a prescribed witness who will verify your identity. The witness must also sign the form.

Icon - sample/instruction  Instructions for filling out an Inventory of property - Administration

Icon - sample/instruction  Sample Inventory of Property (Form 117) - Administration

Step 6: Fill in the ​​Affidavit of Applicant for Administration

When prepare the Affidavit you should include:

  • the court details
  • the deceased's details: full name, suburb, occupation, age at the time of death and date of death
  • the relationship of the applicant to the deceased
  • an explanation that the deceased did not leave a will or any similar document
  • details of how you searched for the will
  • a list of people entitled to share in the estate, including their names, ages and relationship to the deceased
  • proof of entitlement, for example, Birth Certificate or Marriage Certificate
  • confirmation that the deceased owned assets in NSW
  • confirmation that you are not bankrupt
  • confirmation that you are over 18 years of age
  • the date when the notice of intended application was published on the NSW Online Registry
  • details of the assets and liabilities of the deceased
  • the gross and net value of the estate
  • information about whether the deceased left a de facto spouse
  • anything that may raise doubts as to your entitlement.

When you have finished filling out the affidavit, you need to sign it in front of a prescribed witness who will verify your identity. The witness must also sign and write their details.

Icon - sample/instruction  Instructions for filling out the Affidavit of Applicant for Administration

Icon - sample/instruction  Sample Affidavit of Applicant for Administration (Form 119)

Step 7: Fill in the Affidavit that Deceased was not​ in a De facto Relationship, if applicable

If the deceased was not in a de facto relationship at the time of death, you will also need to file an Affidavit that Deceased was not in a Defacto Relationship (Form 126) with your application.

When you fill out the form you should include:

  • the court details
  • the deceased's details, including full name and suburb
  • the applicants details, including full name, address and occupation
  • details of the widow of the deceased confirming length of relationship and that there was no de facto partner.

When you have finished filling out the affidavit, you need to sign it in front of a prescribed witness who will verify your identity. The witness must also sign and write their details.

Icon - sample/instruction   Instructions for filling out the Affidavit that Deceased was not in a Defacto Relationship

Icon - sample/instruction   Sample Affidavit that Deceased was not in a Defacto Relationship (Form 126)

Step 8: Obtain c​​onsents from other entitled people

If there are other people entitled to a share in the estate under the rules of intestacy you will need to either:

  • try to obtain the consent of the eligible person by asking them to provide an affidavit giving you permission to apply for administration, or
  • serve the person with a copy of the notice of intended application of administration at least 14 days before you file the application. You may serve the notice by post or in person.

You will also need to file an affidavit of service with your application.

Icon - alert  In some situations it is necessary to provide a bond to protect the share of an eligible person if the person is a minor, missing or refuses consent. If you are required to provide a bond, you should get legal advice.

Icon - sample/instruction  Instructions for filling out a Consent to Administration

Icon - sample/instruction   Sample Consent to Administration (Form 125)

Icon - sample/instruction  Instructions for filling out the Affidavit of Service

Icon - sample/instruction  Sample Affidavit of Service (Form 41)

Step 9: Attach you​​r documents to the Affidavit

When you have completed your forms, you must annex (attach) the following documents mentioned in the Affidavit of Applicant for Administration. For example:

  • the original Death Certificate
  • Inventory of Property
  • Birth Certificate(s) of people applying for a share in the estate, to establish their relationship to the deceased
  • Death Certificate(s) of people who would have been eligible to a share in the estate but have died before the deceased
  • decree absolute (a final grant of divorce) if the deceased was divorced.

You must write the words 'Annexure A' at the top of the first document. At the bottom of the document, you also need to write the following:

'This is Annexure A to the affidavit of [applicant's name] dated [date of the affidavit]'

​​
You and the witness must then sign the annexure.

If an annexure has more than one page, you only need to write on the first page of the document but you should change the statement written at the bottom of the annexure to:

'This and the following [2] pages is Annexure A to the affidavit of [applicant's name] dated [date of the affidavit] '

​On the next document write, 'Annexure B' and the statement at the bottom of the document and so on, in alphabetical order, until all of the documents are attached.

Icon - alert  Check to ensure that each of your annexures have the same letter of the alphabet as they have in the Affidavit of Applicant for Administration and that every page of the affidavit and the annexures are signed by the executor and the witness.

The court will only return the original Death Certificate if you file the original and a certified copy of the Death Certificate annexed to your affidavit. Alternatively, you can apply for a new Death Certificate from the NSW Registry of Births, Deaths and Marriages for a fee. If you want to apply for a new death certificate, go to the NSW Registry of Births, Deaths and Marriages ​website.

Step 10: File your application with the Supreme Court of New South Wales

You must file the following documents in the Supreme Court of New South Wales:

  • Summons for Administration (Form 111)
  • Affidavit of Applicant for Administration (Form 119)
  • Affidavit that Deceased was not in a Defacto Relationship (Form 126), if applicable
  • the original death certificate
  • Inventory of Property (Form 117)
  • stamped self-addressed A4 envelope.

In addition to the above documents, you must also file two sets of copies of the following documents:

  • the Grant of Administration (Form 112)
  • the original will including any codicils (if there is one)
  • the Inventory of Property (Form 117).

Staple each set of documents in the top left hand corner.

Icon - alert  Make sure you keep a copy of all documents before filing with the court.  It is also a good idea to keep a certified copy of the original death certificate before you file it with the court.

Icon - alert  Before you apply for letters of administration, you must wait at least 14 days after the notice is published on the NSW Online Registry website.

Icon - alert  If you are notified by the court that a caveat has been lodged, you should get legal advice.

The court will not return the original will. 

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. If the gross value is more than $100 000 but less than $250 000, the filing fee is $718.00 (as at 1 July 2016).

For more information about the current filing fees, go to Schedule 1 of the Civil Procedure Regulation 2012 on the NSW Legislation website.

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

For more information, go to the Supreme Court of New South Wales website. 

The application must be filed:

  • in person at the Supreme Court of New South Wales Registry located at Level 5, 184 Phillip Street, Sydney or
  • by mail to the Supreme Court Registry, GPO Box 3, Sydney, NSW 2001.

For more information, go to the Supreme Court letters of administration checklist on the Supreme Court of New South Wales website. ​

​​