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.

Your address for service should be in NSW. If you live outside of NSW, you must provide a separate letter asking for leave (permission) to use an address outside of NSW and explain your reasons. It is up to the Supreme Court to refuse or allow an address for service outside of NSW.

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

 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.

 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:

• at the Supreme Court of New South Wales registry, or
• from the Supreme Court of New​ South Wales website.

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'.

  Instructions for filling out a Summons for Administration

  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.

  Instructions for filling out a Grant of Administration

  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 of the property.

Property includes real estate, cash held in a bank account, furniture, valuable jewellery, antiques, paintings, cars and boats, and any other goods 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 (lawyer or Justice of the Peace) who will verify your identity. The witness must also sign and write their details.

You will need two copies of this document.

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

  Instructions for filling out an Inventory of property - Administration

  Sample Inventory of Property (Form 117) - Administration

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

An application for letters of administration should be made within six months from the date of death. If an application is made after six months, you will need to provide an explanation for the delay in the Affidavit of Applicant for Administration or by filing a separate Affidavit of delay. 

When preparing 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
• if it has been more than six months since the date of death of the deceased, an explanation for the delay
• 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 (lawyer or Justice of the Peace) who will verify your identity. The witness must also sign and write their details.

  Instructions for filling out the Affidavit of Applicant for Administration

  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 (lawyer or Justice of the Peace) who will verify your identity. The witness must also sign and write their details.

  Instructions for filling out the Affidavit that Deceased was not in a Defacto Relationship

  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 should ask each of them to sign a consent to you being appointed as the administrator.

The person signing the consent must have their signature witnessed. The witness can be any person over the age of 18 years.

The witness must then complete an affidavit which must be sworn before a Justice of the Peace or a solicitor.

If the person refuses to provide consent and they live in Australia then you can serve a copy of the notice of intended application at least 14 days before you file your application. You may serve the notice in person or by post.

After 14 days you can file your application. You will also need to file an affidavit of service.

 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.

  Instructions for filling out a Consent to Administration

  Sample Consent to Administration (Form 125)

  Instructions for filling out the Affidavit of Service

  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]'

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