Probate vs Letters of Administration: What’s the Difference in NSW?

When a loved one passes away, families are often told they need either Probate or Letters of Administration to manage the estate. While the two processes are similar, they apply in very different circumstances.

What Is Probate?

Probate is a legal document issued by the Supreme Court of NSW confirming that a deceased person’s Will is valid and that the executor named in the Will has authority to administer the estate.

Probate is commonly required where the deceased owned:

• Property solely in their name;
• Significant bank accounts;
• Shares or investments; or
• Other substantial assets.

What Are Letters of Administration?

Letters of Administration apply where:

• The deceased did not leave a valid Will; or
• The appointed executor is unable or unwilling to act.

In these cases, the Court appoints an administrator, usually a close family member, to manage the estate.

What Is the Difference?

The key difference is simple:

• Probate applies when there is a valid Will and an executor.
• Letters of Administration apply when there is either no valid will or there is a valid will however the executor is unable to act.

Where there is no Will, the estate is distributed according to NSW intestacy laws rather than the deceased’s wishes.

Importantly, when there is no valid Will, you do not get to choose who administers your estate. Instead, the Court determines who it considers appropriate to act, which can sometimes lead to delays, disputes, and added stress for family members.

Why Having a Proper Will Matters

Many families only discover the importance of a professionally prepared Will after a loved one passes away. Without a valid Will, estate administration can become more expensive, time-consuming, and stressful for family members.

Having a will in place can:

1. Make the Probate process smoother;
2. Reduce delays and uncertainty;
3. Minimise the risk of disputes; and
4. Ensure your wishes are clearly documented.

At Lawgix, we assist clients with all aspects of Wills and Estates law, including:

• Preparing and executing Wills;
• Probate applications;
• Letters of administration; and
• Estate administration across NSW.

Whether you are planning for the future or administering the estate of a loved one, our team is here to guide you through the process and help ensure your wishes are properly carried out.

Contact Lawgix today to arrange your free 15-minute consultation.