What is the Role of the Administrator?
The administrator is responsible for managing the deceased’s estate and undertakes similar duties as an executor appointed under a Will. An administrator will determine the estate assets and liabilities, liaise with debtors, creditors and beneficiaries and distribute and finalise the estate. The administrator must maintain written records of the affairs of the estate and, where necessary, file estate tax returns.
Applying for Letters of Administration NSW
An application for letters of administration should be made within six months of the deceased’s death. Delays will require an explanation to the Court.
A notice of intended application to apply for letters of administration must be published online with the Supreme Court Registry before the application is made. This warns interested parties (creditors or family provision claimants) of the application and provides an opportunity for the relevant claim or objection to be lodged.
The following documents are filed with the Court:
- Summons (or application) for letters of administration.
- Affidavit of applicant. This includes details of the deceased, particulars of the relationship between the applicant and deceased, an explanation that the deceased did not have a Will and the searches undertaken to try to locate a Will, details of those entitled to an interest in the estate (names, ages and relationship with the deceased), information as to whether the deceased had a de facto spouse at the time of death, etc.
Where complex issues are involved, an additional affidavit may be required.
- Death certificate and an inventory of property disclosing the estate assets and liabilities.
- Consent to administration (if applicable).
Additional Documents Required
When a person dies intestate, their assets are distributed according to a formula set by legislation. Essentially, the rules provide for a specific order of distribution to the deceased person’s next of kin. Whether or not a family member receives a share in the estate depends on the circumstances. The following documents (as relevant) may need to be filed as proof of those entitled to a distribution:
- marriage certificate (if married at the time of death)
- for a former marriage, death certificate of former spouse or certificate of dissolution of marriage
- birth certificate of the deceased person
- birth certificate/s of all those entitled under intestacy
- death certificate of a deceased child beneficiary and, if relevant a birth certificate for the deceased child’s child/children (as grandchildren to take by substitution)
- if the deceased left no spouse, children or grandchildren, then such certificates as establish the entitlement of other persons under the intestacy rules
Administering the Estate After Letters of Administration Granted
Administrators must act with care and diligence to ensure the proper administration of the estate. Before distributing assets, the administrator should consider whether:
- the debts of the estate have been ascertained and paid following the statutory order for payment of debts
- funds are retained in the estate for contingent expenses such as taxes and other fees
- all beneficiaries have been identified and provision (if relevant) made for holding a minor beneficiary’s share in trust
- the minimum notice of distribution period has expired, and any claims have been considered and dealt with
- a proposed distribution statement has been prepared and approved
Conclusion
Applying for letters of administration for a deceased estate can be complex, however, an experienced estate lawyer can help streamline the process, ensure correct documentation is lodged and that administrators are assisted in carrying out their duties.
This is general information only and we recommend obtaining professional advice relevant to your circumstances. If you or someone you know wants more information or needs help or advice, please call 02 9150 6991 or email [email protected].