Letters of administration in NSW
Updated 20 August 2026 · 7 minute read
When someone dies without a valid will in New South Wales — or the will names no executor able to act — the Supreme Court of New South Wales issues letters of administration instead of probate. The grant does the same job: it gives one person legal authority to collect the assets and distribute the estate.
Who can apply
Priority broadly follows who inherits under intestacy rules: the spouse or de facto partner first, then adult children, then parents, siblings and other next of kin. Where several people have equal priority, the others usually consent to one applying. If nobody suitable applies, a creditor or the Public Trustee can.
If there IS a valid will but no executor able to act, the application is for ‘letters of administration with the will annexed’ — the will still controls who inherits.
How intestacy divides the estate in NSW
If there's a surviving spouse or partner and no children from another relationship, the partner generally takes everything. Where there are children of a previous relationship, the spouse receives the personal effects, a CPI-indexed statutory legacy (around $615,000 in 2026) and half the remainder, with the children sharing the rest. See the full intestacy guide for the no-partner order.
The process and fees
The application follows the same path as probate in NSW — online notice of intended application via the nsw online registry, then a mandatory 14-day wait before filing ($59). — with the same filing fees:
| Estate value | Filing fee |
|---|---|
| Less than $100,000 | $0 |
| $100,000 – $250,000 | $960 |
| $250,000 – $500,000 | $1,303 |
| $500,000 – $1 million | $1,999 |
| $1 million – $2 million | $2,663 |
| $2 million – $5 million | $4,439 |
| More than $5 million | $7,399 |
NSW letters of administration applications currently take a little longer than probate — allow 4–5 weeks for a clean application.
Family provision claims in NSW must be brought within 12 months from the date of death. Administrators should get advice before distributing early.
Get fixed-fee help with a NSW administration
No-will estates involve more affidavit work than probate. Fixed-fee quotes, no obligation.
Get fixed-fee probate quotesCommon questions
Do I need letters of administration at all?
Same test as probate — it depends on the assets. Small accounts are often released without a grant. Try the 60-second checker.
Can two people apply together?
Yes — joint administrators are common, and courts generally cap a grant at four.
What if family can't agree who applies?
The court decides. In practice a firm letter and a proposed consent order sort most stand-offs — genuine disputes need legal advice early.
Sources
- Supreme Court of NSW — probate (supremecourt.nsw.gov.au)
- NSW Online Registry — probate notices and filing
- NSW probate filing fees 2026–27 (nationalprobate.com.au/nsw/probate/costs/court-filing-fees)
- Papas Law — NSW probate processing times 2026