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Estates & InheritanceAustralia
Letters of Administration Application (Australia)
When someone dies without a will, there is no executor — so the next of kin must apply to the Supreme Court for letters of administration to deal with the estate. This is where Australian jurisdictions diverge most: who has priority to apply, and how the estate is divided between a spouse and children, are set by each State's intestacy rules and the figures are quite different. New South Wales gives a surviving spouse a CPI-indexed statutory legacy and half the remainder where there are children of another relationship; Queensland uses a fixed sum plus household chattels and a fraction of the residue. Our template builds the administrator's submission with the correct Supreme Court, order of priority and intestacy distribution for your jurisdiction, plus the inventory, sureties and creditor notice the registry expects.
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Application for Letters of Administration
Administrator's Submission To The Supreme Court Of New South Wales · 9 June 2026
Sarah L. Whitman
17 Rosella Street, Gladesville NSW 2111
0438 217 660
sarah.whitman@email.com.au
9 June 2026
The Registrar in Probate
Supreme Court of New South Wales
the NSW Online Registry
the NSW Online Registry
APPLICATION FOR LETTERS OF ADMINISTRATION
Estate of Paul A. Whitman · New South Wales
To the Registrar in Probate,
I, Sarah L. Whitman, being the surviving spouse of the deceased, apply for a grant of letters of administration of the estate of the late Paul A. Whitman, who died intestate (without leaving a valid will), in the Supreme Court of New South Wales under the Probate and Administration Act 1898 (NSW). This submission sets out the matters the registry will check — the intestacy, my entitlement to a grant, the next of kin and the estate. It supports, and does not replace, the official the NSW Online Registry application that must be lodged with the Court.
I, Sarah L. Whitman, being the surviving spouse of the deceased, apply for a grant of letters of administration of the estate of the late Paul A. Whitman, who died intestate (without leaving a valid will), in the Supreme Court of New South Wales under the Probate and Administration Act 1898 (NSW). This submission sets out the matters the registry will check — the intestacy, my entitlement to a grant, the next of kin and the estate. It supports, and does not replace, the official the NSW Online Registry application that must be lodged with the Court.
1.
THE DECEASED AND THE INTESTACY
Deceased: Paul A. Whitman
Date of death: 21 February 2026
Last address: 17 Rosella Street, Gladesville NSW 2111
No will found: I have searched the deceased's papers and home safe, contacted his accountant and his usual solicitor, and searched the NSW Trustee and Guardian Will Register. No will or codicil has been found, and I believe my husband died intestate.
Date of death: 21 February 2026
Last address: 17 Rosella Street, Gladesville NSW 2111
No will found: I have searched the deceased's papers and home safe, contacted his accountant and his usual solicitor, and searched the NSW Trustee and Guardian Will Register. No will or codicil has been found, and I believe my husband died intestate.
2.
THE COURT, THE REGISTRY AND THE APPLICATION
The application is made to the Supreme Court of New South Wales through the NSW Online Registry, under the Probate and Administration Act 1898 (NSW). It comprises an application for letters of administration, an affidavit of the administrator, evidence of the death and of the deceased's family, and an inventory of the estate's assets and liabilities.
Note for New South Wales: New South Wales probate is filed through the NSW Online Registry, and the Notice of Intended Application is published there rather than in a newspaper.
Note for New South Wales: New South Wales probate is filed through the NSW Online Registry, and the Notice of Intended Application is published there rather than in a newspaper.
3.
MY ENTITLEMENT TO A GRANT
I am the surviving spouse of the deceased. In New South Wales, the surviving spouse or de facto partner has the first entitlement to a grant, followed by the children and then the other next of kin in the statutory order; a grant is made only to a person entitled to the estate or a share of it, and others of equal or higher entitlement must be notified or consent. My relationship to the deceased places me first (or among those first) entitled to apply.
4.
NOTICE OF INTENDED APPLICATION
A Notice of Intended Application must be published on the NSW Online Registry, and the application cannot be filed until at least 14 days after publication. I will not file the application until that notice period has run.
5.
THE NEXT OF KIN AND THE ESTATE
Surviving relatives: The deceased is survived by me (his wife of 19 years) and our two children, Emily Whitman (16) and Thomas Whitman (13). The deceased had no children of any earlier relationship. His parents predeceased him.
Estimated gross estate: approximately 1,240,000.00 AUD
Estimated liabilities: approximately 286,000.00 AUD
Estimated net estate: approximately 954,000.00 AUD
Estimated gross estate: approximately 1,240,000.00 AUD
Estimated liabilities: approximately 286,000.00 AUD
Estimated net estate: approximately 954,000.00 AUD
6.
ENTITLEMENT, PRIORITY AND DISTRIBUTION
On intestacy in New South Wales, a surviving spouse or de facto partner takes the whole estate where the deceased left no children, or no children other than the spouse's own; where there are children of another relationship, the spouse takes the personal effects, a CPI-indexed statutory legacy (set by s 106 and indexed each quarter — currently in the order of $600,000, which must be confirmed for the quarter of death) and one-half of the remainder, and the children share the other half (Succession Act 2006 (NSW) Ch 4).
The facts establishing my priority: I am the surviving spouse, married to the deceased on 4 November 2006 (marriage certificate held). As the spouse I have the first entitlement to a grant of letters of administration. There is no person of higher entitlement.
Others of equal entitlement: Our two children are minors and cannot apply. No other person has an equal or higher right to apply, and no caveat has been lodged.
How the estate will be distributed: As there are children of mine and the deceased only — none from any other relationship — I take the whole of the intestate estate as the surviving spouse. I will hold and apply it for the benefit of myself and our two children.
The facts establishing my priority: I am the surviving spouse, married to the deceased on 4 November 2006 (marriage certificate held). As the spouse I have the first entitlement to a grant of letters of administration. There is no person of higher entitlement.
Others of equal entitlement: Our two children are minors and cannot apply. No other person has an equal or higher right to apply, and no caveat has been lodged.
How the estate will be distributed: As there are children of mine and the deceased only — none from any other relationship — I take the whole of the intestate estate as the surviving spouse. I will hold and apply it for the benefit of myself and our two children.
7.
INVENTORY OF PROPERTY
The inventory of the estate's assets and liabilities accompanies the application.
Assets:
Real property — 17 Rosella Street, Gladesville (held by the deceased as sole proprietor) — 1,080,000.00 AUD
Westpac everyday and savings accounts — 96,000.00 AUD
Motor vehicle and household contents — 24,000.00 AUD
Refund of overpaid income tax — 40,000.00 AUD
Total assets: approximately 1,240,000.00 AUD
Liabilities:
Mortgage over 17 Rosella Street — 265,000.00 AUD
Credit card and funeral account — 21,000.00 AUD
Total liabilities: approximately 286,000.00 AUD
Estimated net estate: approximately 954,000.00 AUD
Assets passing outside the estate: The deceased's superannuation death benefit of approximately $420,000 was paid by the fund trustee to me as a dependant spouse and does not form part of the intestate estate.
Assets:
Real property — 17 Rosella Street, Gladesville (held by the deceased as sole proprietor) — 1,080,000.00 AUD
Westpac everyday and savings accounts — 96,000.00 AUD
Motor vehicle and household contents — 24,000.00 AUD
Refund of overpaid income tax — 40,000.00 AUD
Total assets: approximately 1,240,000.00 AUD
Liabilities:
Mortgage over 17 Rosella Street — 265,000.00 AUD
Credit card and funeral account — 21,000.00 AUD
Total liabilities: approximately 286,000.00 AUD
Estimated net estate: approximately 954,000.00 AUD
Assets passing outside the estate: The deceased's superannuation death benefit of approximately $420,000 was paid by the fund trustee to me as a dependant spouse and does not form part of the intestate estate.
8.
ADMINISTRATION BOND AND SURETIES
Unlike an executor, an administrator does not derive authority from a will, so the Court may require a guarantee or surety to protect the beneficiaries and creditors — particularly where a person entitled is a minor or under a legal incapacity, or where the administrator lives outside the jurisdiction.
Minor or incapable beneficiary: Yes — a person entitled to the estate is a minor or under a legal incapacity, so the registry is more likely to require an administration guarantee.
Administrator resident in the jurisdiction: Yes — I am resident in the jurisdiction.
Proposed guarantee / sureties: As the surviving spouse and the person beneficially entitled to the whole estate, I do not propose a surety; if the registry requires a guarantee because our children are minors, I will provide one.
Minor or incapable beneficiary: Yes — a person entitled to the estate is a minor or under a legal incapacity, so the registry is more likely to require an administration guarantee.
Administrator resident in the jurisdiction: Yes — I am resident in the jurisdiction.
Proposed guarantee / sureties: As the surviving spouse and the person beneficially entitled to the whole estate, I do not propose a surety; if the registry requires a guarantee because our children are minors, I will provide one.
9.
ADVERTISING AND PROTECTION FROM CREDITORS
Beyond the notice of intended application described above, the notice of intended application was (or will be) published on 28 May 2026. I intend to publish a notice to creditors calling on anyone with a claim against the estate to come forward within 30 days. Distributing the estate after that notice period, and not earlier than the statutory waiting period after the grant, protects me as administrator from personal liability to a creditor of whom I had no notice.
10.
UNDERTAKING
I will administer the estate according to law — getting in the assets, paying the debts, funeral and administration expenses, and distributing the estate to those entitled on intestacy. I ask that letters of administration issue to me from the Supreme Court of New South Wales, and I confirm that the statements in this submission and in the affidavit lodged with the application are true to the best of my knowledge and belief.
YOURS FAITHFULLY,
Sarah L. Whitman
Applicant for administration
Date: ____________________
ADMINISTRATOR
Sarah L. Whitman
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Are Letters of Administration?
A grant of <strong>letters of administration</strong> is an order of the Supreme Court of an Australian State or Territory appointing a person — usually the closest next of kin — to administer the estate of someone who died <strong>without a valid will</strong> (intestate). Because there is no will and no executor, the administrator derives authority from the grant itself, and asset-holders generally require the sealed grant before they will release or transfer the estate. This template produces the applicant's structured submission: it confirms the intestacy, establishes the applicant's entitlement and priority, identifies the next of kin and the estate, and applies the correct jurisdiction's court, priority order and distribution rules.
Administration and intestacy are <strong>State and Territory law</strong>, and the intestacy distribution is where the differences bite hardest. In New South Wales a surviving spouse takes the whole estate where all the children are also the spouse's, but only the personal effects, a CPI-indexed statutory legacy (s 106 of the Succession Act 2006 (NSW)) and half the remainder where there are children of another relationship. In Queensland the spouse takes the household chattels, a fixed $150,000 and a fraction of the residue. The other States set their own figures again. The common, costly assumption — that a surviving spouse simply inherits everything — is wrong in exactly the blended-family situations that matter most.
This document <strong>supports, and does not replace</strong>, the official Supreme Court or online-registry forms — those must still be completed and lodged, and the grant only issues from the Court. What the template does is put the application on the right footing: the applicant's priority and any consents from others entitled to apply, a correct inventory that separates estate assets from assets passing outside the intestacy, the administration guarantee that may be required where a beneficiary is a minor, and the advertising and creditor steps that protect the administrator.
What's Covered in This Template
The submission assembles what an Australian probate registry checks first on an intestacy — priority, the next of kin, the distribution and the estate — and applies the right State framework automatically.
All 8 Jurisdictions, Correctly
Select the State or Territory and the submission names the right Supreme Court, registry and governing Act — the Probate and Administration Act 1898 (NSW), the Administration and Probate Act 1958 (Vic), the Succession Act 1981 (Qld), and the equivalents in WA, SA, TAS, ACT and NT.
State-Correct Intestacy Distribution
New South Wales' CPI-indexed statutory legacy and half-residue rule, Queensland's $150,000 plus chattels plus a fraction of the residue, and the equivalents elsewhere — so the spouse-and-children split is stated correctly for your State.
Who Has Priority to Apply
The order of priority for a grant — the surviving spouse or partner first, then the children, then other next of kin — with a place to record the consents or renunciations of others equally entitled.
Confirming the Intestacy
A record of the search made — papers, solicitor, accountant, will registries — to satisfy the Court that the deceased left no valid will.
Inventory of Property
A built inventory of assets and liabilities with totals, separating estate property from superannuation, joint-tenancy property and insurance that pass outside the intestacy.
Administration Bond and Sureties
Where a person entitled is a minor or under a legal incapacity, or the administrator lives outside the jurisdiction, the Court may require a guarantee — the submission records whether one is likely to be needed and what is proposed.
Notice to Creditors
A creditor notice and waiting period that protects the administrator from personal liability to a creditor who appears after the estate is distributed.
Word and PDF Output
Download the submission free as a PDF, or unlock Expert for the editable Microsoft Word (.docx) version and the full priority, distribution, inventory, sureties and creditor sections.
How to Apply for Letters of Administration
Five steps from an estate with no will to a submission the registry can act on.
- 1
Select the State or Territory
Pick where the deceased lived and the estate is administered. The Supreme Court, the order of priority and the intestacy distribution all follow from this choice.
- 2
Confirm the Intestacy
Record the searches you have made to satisfy the Court that the deceased left no valid will, and identify the deceased and their last address.
- 3
Identify the Next of Kin and the Estate
Who survives the deceased — spouse, children, parents — and a reasonable estimate of the gross estate and liabilities.
- 4
Build the Expert Case
Your priority and any consents from others entitled, the State distribution, a full inventory, the administration guarantee if needed, and the advertising and creditor notice.
- 5
Lodge with the Registry
Complete the official Supreme Court or online-registry forms, advertise where required, provide any guarantee, and file the application — the template's submission supports it. A grant then issues from the Court.
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Legal Considerations
Eight jurisdictions, eight intestacy regimes — the State of the estate decides who applies, what they must prove, and who takes what.
This template provides general information for next of kin applying for letters of administration in Australia and is not legal advice. Intestacy distribution, the order of priority, administration guarantees and procedure differ by State and Territory and change from time to time, and a grant can only be made by the Supreme Court on the official forms. Estates with disputed priority, minor or missing beneficiaries, insolvency or interstate or overseas assets should be handled with an Australian succession lawyer. Always confirm the current intestacy figures and forms with the relevant Supreme Court registry.
Reviewed for Australian intestacy and administration practice (8 jurisdictions)
Who Inherits on Intestacy — State by State
On an intestacy the State's rules decide who takes the estate. In <strong>New South Wales</strong> a surviving spouse takes the whole estate where the only children are also the spouse's, but the personal effects, a CPI-indexed statutory legacy (s 106 of the Succession Act 2006 (NSW)) and half the remainder where there are children of another relationship. In <strong>Queensland</strong> the spouse takes the household chattels, the first $150,000 and a fraction of the residue (Succession Act 1981 (Qld)). <strong>Victoria</strong> uses a statutory legacy and half-residue model under the Administration and Probate Act 1958 (Vic), and the other States set their own figures. The template applies the correct distribution for the jurisdiction you select.
Who Can Apply, and in What Order
The right to a grant follows the entitlement to the estate. A <strong>surviving spouse or de facto partner</strong> ordinarily has the first right to apply, then the <strong>children</strong>, then parents and more distant next of kin. A person with no entitlement to the estate cannot be the administrator, and where others have an equal right, the registry expects their consent or a renunciation. The template states the order of priority for your State and records the position of others entitled.
Administration Bonds and Sureties
An administrator does not take authority from a will, so the Supreme Court protects beneficiaries and creditors by requiring, in defined cases, an <strong>administration guarantee or surety</strong>. It is most often required where a person entitled to the estate is a <strong>minor or under a legal incapacity</strong>, or where the administrator <strong>lives outside the jurisdiction</strong>. The registry will not issue the grant until any required guarantee is in place, so the template prompts you to address it up front.
Related Australian Templates
Where the deceased <strong>left a valid will</strong>, use our grant of probate application instead. Our last will and testament and testamentary trust will help people avoid an intestacy altogether, our binding death benefit nomination directs superannuation outside the estate, and where an eligible person was left without adequate provision, our family provision claim notice and deed of family arrangement deal with the claim or its settlement.
Frequently Asked Questions
The Right Court, the Right Priority, the Right Shares
Create your letters of administration application in minutes — the correct Supreme Court, order of priority and intestacy distribution for any Australian State or Territory, with the inventory, sureties and creditor notice built in. Download the PDF free, or unlock Expert for the editable Word version and the full priority, distribution, inventory and sureties sections.
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