Letters of administration preparation checklist
Letters of administration are granted when there is no executor or no valid will. This checklist walks through the standard preparation for an intestate estate.
This is a 12-step checklist for preparing a letters of administration application where a person dies intestate or without a valid will. It covers the order of priority, affidavits, sureties, and Supreme Court lodgement.
The checklist
Confirm intestacy
Confirm no valid will exists or the nominated executors have renounced or predeceased.
Identify the applicant
Identify the person with priority to apply under the state succession or probate Act.
Obtain renunciations
Obtain renunciations from any person with higher or equal priority.
Obtain the death certificate
Obtain the death certificate and confirm the date and place of death.
Identify beneficiaries
Identify beneficiaries under the intestacy rules — spouse, children, parents, or siblings.
Identify assets and liabilities
Prepare a list of assets, liabilities, and values as at the date of death.
Advertise the intention to apply
Publish notice in the required manner for the state Supreme Court.
Prepare the affidavit of applicant
Draft the affidavit setting out the deceased, intestacy, priority, and estate assets.
Prepare inventory and valuations
Prepare the inventory and any valuations required by the Registry.
Consider administration bond
Check whether a surety or administration bond is required by the state rules.
Lodge application with Supreme Court
Lodge the application, pay fees, and respond to Registry requisitions.
Administer the estate on intestacy
On grant, administer the estate under the statutory intestacy rules.
When this checklist applies
Use this checklist when acting for an applicant in an intestate estate or one where the executor cannot or will not act.
Common pitfalls
- Missing a higher priority applicant and failing to obtain a renunciation
- Not identifying blended family beneficiaries correctly
- Overlooking informal testamentary documents that may qualify as a will
- Not checking the state-specific surety requirements
- Distributing without notice to potential family provision claimants
Run this checklist on a real matter
Quillio drafts letters of administration applications, inventories, and intestacy distribution schedules. See /practice-areas/family-lawyers or start a free trial.
This checklist is a general guide. Intestacy rules differ between states — always confirm the local succession Act.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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