Letters of administration application workflow
Letters of administration differ from probate in a few important ways — entitlement flows from the intestacy rules under the Succession Act, not the will, and the administrator may need to give a security bond. The applications are form-driven; precision in the affidavit avoids requisitions from the Probate Registry.
This is an 8-step workflow for a letters of administration application where the deceased died intestate or the named executor is unable or unwilling to act. It runs from the Succession Act entitlement through the advertisement, affidavit, and grant.
Before you start
- Signed costs agreement and conflict check
- Death certificate and identification of the applicant's relationship to the deceased
- Instructions on assets, liabilities, and known next of kin
- Confirmation of intestacy (no will found after reasonable search)
The workflow
Confirm intestacy and entitlement
Confirm there is no valid will (or the executor is unable or unwilling to act) and map entitlement under Chapter 4 of the Succession Act 2006 (NSW) — spouse, children, and then remoter relatives.
Publish notice of intended application
Publish the notice of intended application for letters of administration on the NSW Online Registry (or equivalent state portal) at least 14 days before filing.
Collate the assets and liabilities inventory
Collate bank account balances, share holdings, real property, superannuation (noting it may be outside the estate), and liabilities as at date of death for the inventory of assets.
Prepare the affidavit of applicant
Prepare the affidavit of the applicant covering domicile, the search for a will, the next of kin and intestacy tree, and the inventory of property.
Obtain consents or renunciations
Obtain consents or renunciations from equally or more entitled next of kin. Serve any necessary beneficiary notices where required by state-specific practice.
Assess and obtain any security bond
Assess whether the Registry will require a security bond (often where the applicant is outside the immediate family or there are minor beneficiaries). Arrange the bond through an insurer.
File application with the Supreme Court
File the summons, affidavit, inventory, consents, and death certificate with the Supreme Court Probate Registry. Pay the filing fee based on estate value.
Address requisitions and collect grant
Respond to any Registry requisitions promptly. On grant, collect the letters of administration and commence estate administration — notify institutions, realise assets, pay debts, and distribute according to the intestacy rules.
What you will have at the end
A sealed grant of letters of administration authorising the administrator to collect the estate, pay debts, and distribute to entitled persons under the Succession Act intestacy rules.
Common issues
- Intestacy tree incorrectly mapped across blended families
- Search for a will not properly evidenced in the affidavit
- Security bond requirement identified after filing
- Superannuation treated as an estate asset where the trustee retains discretion
- Entitlement of a de facto partner not properly established
Run this workflow on a real matter
Quillio prepares the affidavit, inventory, and intestacy tree, and generates the online Registry notice. See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
General guide only — not legal advice. Succession Acts differ by state; confirm intestacy rules and Registry practice in the relevant jurisdiction.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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