The difference between probate vs letters of administration in NSW comes down to one question: is there a valid will with an executor who can act? If there is, the executor usually applies for a grant of probate; if there is not, someone else applies for letters of administration.
Both are issued by the Supreme Court of NSW, and both give a person legal authority to deal with a deceased estate.
A grant of probate in NSW authorises the executor named in a will to manage the estate in line with the will. The executor collects the assets, pays the debts and distributes what is left to the beneficiaries.
Letters of administration do the same job when someone dies without a valid will. There is no executor, so the court appoints an administrator, who distributes the estate under the NSW intestacy rules. Those rules set an order of who inherits, beginning with a surviving spouse or partner and children. Generally, only someone entitled to a share of the estate can apply for letters of administration in NSW.
Sometimes there is a valid will but no executor available to apply. The will may not name an executor, or the only executor may have died or be unwilling or unable to act.
In that case, a beneficiary under the will can usually apply for letters of administration with the will annexed. The administrator then collects the assets, pays the debts and distributes the estate to the beneficiaries. An executor named in the will cannot use this type of grant; they apply for probate instead.
If someone close to you has died and you are unsure which grant you need, contact Stephen Wawn & Associates for a free consultation. We can help you work out the right application and guide you through it.
