When someone passes away, their assets and debts don’t simply disappear – they need to be properly managed and distributed. In New South Wales, this requires obtaining legal authority from the Supreme Court through what’s called a grant of representation. If you’re facing this situation, understanding the process can help you navigate this challenging time with confidence.

What Is a Grant of Representation?

A grant of representation is a legal document from the Supreme Court of New South Wales that gives someone the authority to manage and distribute a deceased person’s estate. There are two main types:

Grant of Probate: If the deceased left a valid Will and named an executor, the executor applies for probate.

Grant of Letters of Administration: If there is no valid Will, or no executor is able to act, a close relative (usually the next of kin) applies for letters of administration.

What Is Probate?

Probate is the process where the Supreme Court officially recognises the Will as valid and gives the executor the legal right to deal with the deceased’s assets according to the Will. This formal recognition protects banks, share registries, and other institutions when they release assets to the executor.

What Are Letters of Administration?

If there is no Will (the person died “intestate”), or the Will does not name an executor, or the executor cannot act, the Court appoints an administrator to manage the estate. This administrator is usually a close family member. The Court issues a grant of letters of administration, which serves the same purpose as probate but applies when there’s no valid Will to follow.

Step-by-Step Guide to Obtaining a Grant of Representation

1. Find the Will (if there is one)

Start by searching the deceased’s personal papers, safe deposit box, or contacting their solicitor if they had one. Check with the NSW Trustee & Guardian, as some people lodge their Wills there for safekeeping. If there is no Will, the estate will be dealt with as “intestate” under NSW succession laws.

2. Identify the Right Person to Apply

If there is a Will, the executor named in it applies for probate. If there is no Will, the closest next of kin (spouse, child, parent) usually applies for letters of administration. The law sets out a specific order of priority for who can apply.

3. Collect Information About the Estate

Make a comprehensive list of all assets including bank accounts, property, shares, superannuation, and any other investments. Don’t forget to document any debts or liabilities. You’ll need the original death certificate from Births, Deaths and Marriages NSW.

4. Advertise Your Intention to Apply

Before applying to the Court, you must publish a notice of your intention to apply for a grant on the NSW Online Registry website. This public notice serves an important purpose – it alerts potential creditors and anyone else with an interest in the estate. You must wait at least 14 days after publishing before filing your application with the Court.

5. Prepare the Application

The Supreme Court of NSW provides specific forms that must be completed accurately. For probate applications, you’ll need to attach the original Will and death certificate. For letters of administration, you’ll need the death certificate and evidence of your relationship to the deceased, such as a marriage or birth certificate.

6. File the Application With the Supreme Court

You can lodge your application online through the NSW Online Registry or in person at the Supreme Court. The application must include all required documents and the filing fee, which varies depending on the value of the estate.

7. Respond to Any Court Requests

The Court registry may request additional information or documents to support your application. It’s crucial to respond promptly to these requests – delays in responding can significantly extend the time it takes to receive your grant.

8. Receive the Grant

Once the Court is satisfied with your application, they’ll issue the grant of probate or letters of administration. This document is your legal authority to collect the deceased’s assets from banks and other institutions, pay any outstanding debts, and distribute the estate according to the Will or intestacy rules.

Getting Professional Help Makes a Difference

While it’s possible to apply for a grant of representation yourself, the process involves complex legal requirements and strict Court procedures. Missing a step or making an error can cause significant delays when you’re already dealing with the emotional impact of losing someone close.

At Complete Legal, we understand that managing a deceased estate can feel overwhelming during an already difficult time. Our experienced estate administration team handles these applications regularly and knows exactly what the Court requires. We’ll guide you through each step, handle the paperwork, and ensure everything is done correctly the first time.

Ready to move forward with confidence? Contact our estate administration team today for a consultation. We’ll explain your options clearly and help you obtain the legal authority you need to properly administer your loved one’s estate.