Only the executor named in the will can apply. 

If the executor can’t or won’t act or has died before the deceased, another eligible person (such as a beneficiary) may apply for Letters of Administration with the Will annexed. 

Usually the closest next of kin, such as a spouse, de facto partner, or child.

If there’s no eligible family member, the Court may appoint another suitable person, including the NSW Trustee & Guardian. 

You need them when institutions require court authority before releasing assets. 
Banks, superannuation funds, and property registries often won’t release funds or transfer assets without proof that the person applying has authority pursuant to a grant of probate or administration. Estates limited to small cash at bank assets may not require it. 

It usually takes 6–8 weeks from filing the application, but complex estates may take longer. 

Delays can occur if documents are incomplete, assets need to be located and identified, notices haven’t been published correctly, or the estate involves disputes or overseas assets. 

You need the death certificate, the original will (if there is one), an inventory of assets, and Court forms. 

Applications must also include the executor’s affidavit and evidence of notices published online. For administration, proof of family relationship is also required. 

The estate is distributed under the rules of intestacy set out in NSW law. 

The Succession Act 2006 (NSW) sets out who inherits when there’s no valid will, usually starting with the spouse or children. If there are no relatives, the estate passes to the State. 

It’s not mandatory, but it’s highly recommended. 

Applications to the Supreme Court are technical and mistakes can cause costly delays. A lawyer ensures the paperwork is correct, deadlines are met, and the estate is managed efficiently.