Letters of Administration on Intestacy (Applicant)

Is there a deadline to apply for letters of administration in NSW?: No limitation period applies, but notice of the intended application must be published on the NSW Online Registry at least 14 days before the application is made (s 42(2)(b) Probate and Administration Act 1898 and SCR Pt 78 r 3). If the first application is filed more than 6 months after the death, the supporting affidavit must explain the delay (SCR Pt 78 r 16).

When can an administrator safely distribute an intestate estate in NSW?: An administrator is protected against later claims only if the assets are distributed at least 6 months after the death, after publishing a notice of intended distribution (UCPR Form 114) giving at least 30 days, and, for family provision claims, without notice of any claim or intended claim (s 92 Probate and Administration Act 1898 and s 93 Succession Act 2006). A family provision application can be made up to 12 months after the death (s 58 Succession Act 2006).

Jurisdiction: Supreme Court of New South Wales. Applications for a grant of administration are made through the NSW Online Registry (SCR Pt 78 r 9A), and uncontested applications are dealt with by a registrar on the papers without a hearing (SCR Pt 78 r 9 and the Court's letters of administration fact sheet).

The Process at a Glance: Confirm the deceased left no will and has assets in NSW that need a grant. Map the family tree against the Chapter 4 order to identify who is entitled and who has priority to administer. Obtain written consents from others entitled, or serve them with 14 days notice. Publish the notice of intended application on the NSW Online Registry and wait at least 14 days. Prepare the summons, the inventory of property, the proposed grant and the affidavit of applicant for administration, then lodge online and answer any requisitions. After the grant, notify a spouse of the right of election within one month, publish a notice of intended distribution, wait out the 6-month and 30-day periods and the family provision window, then pay debts and distribute.

Key Legislation and Case Law: Succession Act 2006 (NSW) - Chapter 4 intestacy (ss 101 to 140), s 58 (family provision time limit) and s 93 (protection on distribution). Probate and Administration Act 1898 (NSW) - s 42 (notice and will search), s 61 (estate vests in NSW Trustee until grant), s 63 (to whom administration may be granted), s 64 (administration bond), s 81A (disclosure of assets and liabilities) and s 92 (distribution after notice). Supreme Court Rules 1970 (NSW) Part 78 - rr 3, 9A, 10, 12, 16, 19, 23, 53, 54, 64 and 93. Forms are the UCPR approved forms 111, 112, 114, 117, 119, 125 and 136.

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