Affidavit of applicant for administration (SCR Part 78 rule 12 (SCR Form 98)) (Form 119)

An application for letters of administration (where the deceased left no will) must be supported by an affidavit containing the information the approved form requires (Supreme Court Rules 1970 Part 78 r 12(1)). The rule's note names UCPR Form 119 as the affidavit for administration; it carries two numbers because it was SCR Form 98 before the probate forms joined the UCPR series. The applicant uses it to prove the death, show that no will was left and what searches were made, identify the people entitled to the estate on intestacy, disclose the estate's assets and liabilities as required by Probate and Administration Act 1898 s 81A, and give the undertakings an administrator must give. Uncontested applications are decided by a registrar on the papers, with no court hearing (r 9; Supreme Court letters of administration fact sheet).

When you need it

• The deceased died without a will and left assets in NSW, and you are a person entitled to apply for administration (generally someone entitled to a share of the estate under the Succession Act 2006 intestacy rules).
• You are applying alone or with others entitled. People entitled who are not applying must consent (Form 125) or be served with notice of the application (r 19).
• If there is a will but no executor able or willing to act, use Form 120 instead; if an executor is applying, use Form 118 for probate.

1. 1

   Court details and filing details

   The form is pre-set for the Supreme Court of NSW, Equity Division, Probate List, Sydney. Insert the case number if known, the deceased's name and last address, and the plaintiff's (applicant's) or solicitor's details.

2. 2

   Death and no will (paragraphs 1 to 3)

   State your relationship to the deceased, the date of death and age, and annex the death certificate as "A". Say you believe the deceased left no will, and describe every search made for one.

3. 3

   Who is entitled (paragraphs 4, 5, 13 and 14)

   List the names, ages, relationships and entitlements of everyone entitled on intestacy, with the facts and certificates (birth, marriage) that prove it. Paragraphs 13 and 14 apply only where Part 78 rules 21 and 22 apply, which concern de facto partners and deaths before 1 March 2010.

4. 4

   Eligibility and undertakings (paragraphs 6 to 8)

   Confirm the deceased left assets in NSW, that you are over 18, not an undischarged bankrupt and have not assigned your interest, and that you will administer the estate according to law and file (or file and pass) accounts within 12 months of the grant if the Court requires.

5. 5

   Notice, assets and liabilities (paragraphs 9 to 12)

   Give the date the notice of intended application was published on the NSW Online Registry. Annex a statement of all known assets, list known liabilities in the table, and state the gross and net value of the estate.

6. 6

   Paragraph 15 and swearing

   Confirm you know of nothing that casts doubt on your entitlement. Swear or affirm before a justice of the peace, solicitor, barrister, commissioner for affidavits or notary public, who completes the identity certificate; both sign every page.

• Before applying, publish a notice of intended application (Form 116) on the NSW Online Registry website (SCR Pt 78 r 3) at least 14 days before the application is made (Probate and Administration Act 1898 s 42(2)(b)).
• Applications for a grant of probate or administration must be made using the NSW Online Registry website unless the registrar approves another method (SCR Pt 78 r 9A). The affidavit in support is filed under UCPR Part 3 Division 3 (r 12(2)), and the application must be accompanied by electronic copies of any will and codicils and a certified copy of the death certificate (r 10(1A)).
• If the application is filed more than 6 months after the death and is the first application, the affidavit must explain the delay (r 16), either in this affidavit or a separate affidavit of delay.
• The Court may require an administration bond with 2 sureties before granting administration (r 23).
• A filing fee applies. Check the Supreme Court's current fee schedule.

• UCPR r 35.3B(2) requires every affidavit to include a statement that generative artificial intelligence was not used to generate its content. The current form does not print that statement, so add it.
• For each person entitled who is not applying, file their consent (Form 125) or an affidavit of service of notice served at least 14 days before the proceedings started (r 19).
• The Supreme Court fact sheet notes that a guardian of a minor or a financial manager may consent on that person's behalf, but a parent who is applying cannot also consent for their child.
• Disclose all known assets: the grant's protection for people who pay out on it is limited to the property listed in the inventory (Probate and Administration Act 1898 s 91(2)).