Department of Justice is now the Department of Communities and Justice. Find out more >
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.
To make an application, you will need the following information and documents:
You may also need certified copies of the following documents, to prove who the beneficiaries are:
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.
You will need the following forms:
You can get copies of the forms:
When you fill in the form you should include:
Instructions for filling out a Summons for Administration
Sample Summons for Administration (Form 111)
When you fill in the Grant of Administration form you should include:
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)
When you fill in the Inventory of Property you should include:
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
When prepare the Affidavit you should include:
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)
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:
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)
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)
When you have completed your forms, you must annex (attach) the following documents mentioned in the Affidavit of Applicant for Administration. For example:
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  pages is Annexure A to the affidavit of [applicant's name] dated [date of the affidavit] '
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.
You must file the following documents in the Supreme Court of New South Wales:
In addition to the above documents, you must also file two sets of copies of the following documents:
Staple each set of documents in the top left hand corner.
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.
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.
If you are notified by the court that a caveat has been lodged, you should get
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 $772.00 (as at 1 July 2020).
For more information about the current filing fees, go to Schedule 1 of the Civil Procedure Regulation 2017 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:
For more information, go to the Supreme Court letters of administration checklist on the
Supreme Court of New South Wales website.