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Letters of administration in New South Wales, Victoria and Queensland
What each state's Supreme Court calls the grant where there is no will, or a will but no executor able to apply, and what each court publishes about applying for it: the documents it names, the notice it asks for, the fee it sets, any bond or guarantee it describes, and the time it showed.
General information · not legal advice · not a law firm.
§1What the term means, in each court's words
Three Supreme Courts, three descriptions. Each line below is that court's own published wording, shown as the court states it.
New South Wales · general information · checked 10 October 2026
New South Wales
Where a person died without a will, the court's grant is called letters of administration.
The court also makes a grant called letters of administration with the will annexed. It describes this as the grant where there is a will but no executor available to apply.
Victoria · general information · checked 10 October 2026
Victoria
Where the person did not leave a valid will, the court's grant is called letters of administration.
Where there is a valid will but no executor is named or able to apply, the grant is called letters of administration with the will annexed.
The Supreme Court of Victoria's glossary says an administrator is a person the Court appoints by letters of administration to administer an estate with no executor, which may be because there is no will, the will did not appoint an executor, or a named executor is unwilling or unable to act.
Queensland · general information · checked 10 October 2026
Queensland
The court names three grants: probate; letters of administration with the will; and letters of administration without a will (intestacy).
Where there is no valid will, the grant is letters of administration without a will (intestacy).
Where there is a valid will but the named executor cannot or will not act, the grant is letters of administration with the will.
New South Wales · general information · checked 11 October 2026
What an administrator does, as one court puts it
The Supreme Court of NSW says the administrator of an estate is responsible for collecting the person's assets, paying any debts and then distributing the assets to the beneficiaries.
This page does not say whether a grant is needed for the estate you are dealing with, or who can apply for one. The court's page, linked in each card below, or a solicitor, can.
New South Wales · general information · checked 10 October 2026
Where the court explains it
The Supreme Court of NSW says a registrar decides an uncontested application for letters of administration on the papers, in chambers, and that there is no hearing in court.
Assets in New South Wales
The Supreme Court of NSW says it will not make a grant of letters of administration if there are no assets held in NSW to be administered.
Assets elsewhere
The Supreme Court of NSW says it may be necessary to apply for a grant in each place where the person owned assets, and that where assets are in different Australian states or certain countries, a resealing of the original grant can be applied for. This page does not say what a reseal involves. The court's page, or a solicitor, can.
How the application is made
The Supreme Court of NSW says most applications for an uncontested grant of representation are applied for and filed online, and links four quick reference guides: creating an ORW account, the customer user interface, uploading supporting documents and preparing the summons and affidavit.
The court's quick reference guide says the online Summons and Affidavits page is where the affidavits of the executors or administrators and the summons are prepared, that the summons is signed and the affidavit executed as its last page instructs, and that attachments are in pdf format.
What the court says is filed
The court's administration checklist lists these standard documents: Form 111 (summons for administration), Form 119 (affidavit of applicant for administration), Form 117 (inventory of property, annexed to the affidavit) and Form 112 (two sets of the draft grant with a copy of the sworn inventory).
For letters of administration with the will annexed, the Supreme Court of NSW's fact sheet names UCPR form 111 for the summons and UCPR form 112 for the draft grant.
This page does not say what to enter on any form.
The notice
The court says the law requires at least 14 days' notice before an application for probate or letters of administration is filed.
The notice is published on the NSW Online Registry. The Supreme Court Rules say this is the valid way to publish it.
Publishing the notice costs A$59. Amending and republishing it costs A$23.
The court's checklist says the case number is the number the online notice gives, and that a copy of the notice does not need to be filed.
The fee the court publishes
The Supreme Court of NSW's fee schedule as at 1 July 2026 sets filing fees for an uncontested summons for probate, administration or reseal by sworn gross value, and says court fees are GST exempt.
Filing fee for an uncontested application, by sworn gross value: less than A$100,000 nil; A$100,000 to under A$250,000 A$960; A$250,000 to under A$500,000 A$1,303; A$500,000 to under A$1,000,000 A$1,999; A$1,000,000 to under A$2,000,000 A$2,663; A$2,000,000 to under A$5,000,000 A$4,439; A$5,000,000 or more A$7,399.
The court's checklist says the filing fee is calculated on the gross value of the estate at the date of death, and that property owned as joint tenants, or property outside the jurisdiction, is not included in that gross value.
The court publishes guidelines on waiving, remitting or postponing its fees.
The Supreme Court of NSW says that where consents cannot be obtained, it requires an administration bond and two sureties to cover the share of the estate of the beneficiaries who have not provided consent.
The court's administration checklist names an administration bond (Form 130) and two sureties (Form 131), each for the value of the share of a beneficiary who is not applying, and says the bond can be dispensed with for beneficiaries who are sui juris if notice of the intention to dispense with it is served on them.
Those are the court's statements about its own requirement, in its own words. Whether a bond is asked for in a particular estate is for the court to say.
The time the court showed
In the week of 5 to 9 October 2026, the court was assessing probate applications filed between 16 and 23 September 2026.It was assessing letters of administration filed between 6 and 24 July 2026.
The Supreme Court of NSW's probate page (last updated 6 October 2026) says delay is being experienced because of the high number of applications received and the availability of registrars to assess them.
Victoria · general information · checked 10 October 2026
Where the court explains it
The Probate Office of the Supreme Court of Victoria processes applications for probate and letters of administration, issues grants, keeps a register of the grants the court has issued, and holds wills deposited with the court for safekeeping.
Assets in Victoria
The Supreme Court of Victoria says an application can be made to it if the person had assets located in Victoria, and that for assets in another location the relevant court may need to be contacted.
How the application is made
The Supreme Court of Victoria lists four ways to apply: ask a lawyer, use a trustee company, apply yourself without a lawyer, or, for a small estate, use the Probate Office's optional service.
Applications are made online, through the court's system called RedCrest-Probate.
For a small, simple estate, the Probate Office offers an optional paid service that prepares the application. The court says the service is optional and the application can be prepared without it.
In its RedCrest-Probate video guide, the court says the document package includes an affidavit, certificates identifying exhibits and the inventory of assets and liabilities, and that an application cannot be submitted until the documents have been prepared in it.
Rule 4.04 of the Supreme Court (Administration and Probate) Rules 2023 lists what the supporting affidavit for an application on intestacy states, including that the deceased died intestate leaving property in Victoria and that the applicant has carefully enquired as to the existence of a will, and what it exhibits, including a certified copy of the death registration.
The court says the forms are printed and signed in front of a qualified witness, such as a justice of the peace.
In its RedCrest-Probate video guide, the court says each document is saved as a PDF, and that where the value of the estate is under two hundred and fifty thousand dollars the button reads Submit and no fee is required.
The court's video guide says that for letters of administration with no will nothing further is needed at that stage, while for probate, letters of administration with will annexed, or a reseal, the Originating Motion is printed and sent with the original will, any codicil or document to be resealed.
This page does not say what to enter in any field of RedCrest-Probate.
The notice
A notice of the intention to apply, called the advertisement, is published online at least 15 days before the application is filed.
The court says the advertisement is the start of the application, whether or not there is a will. It gives anyone with important information a chance to contact the applicant.
Posting the advertisement on RedCrest-Probate costs A$38. Republishing it costs A$51.80.
In its RedCrest-Probate video guide, the court says re-advertising restarts the waiting period of 15 days before the application can be submitted.
The fee the court publishes
The court's filing fee for an application for a grant is set by the gross value of the estate's Victorian assets. From 1 July 2026 it runs from A$0, below A$250,000, to A$17,770.80 at A$7,000,000 or more.
The Supreme Court of Victoria's fee schedule defines a standard fee payer to include the executor or administrator of a deceased estate.
The fee schedule says a waiver of fees can be applied for, including on the grounds of financial hardship, using the court's application for waiver of court fees.
The Supreme Court of Victoria says its surety's guarantee forms are for an individual guaranteeing to make good any loss a person interested in the estate may suffer from the administrator's breach of duty, signed in front of a witness and backed by an affidavit of justification.
The Probate Office forms page lists a Consent to dispensation of surety, and says these forms are used where it is sought to dispense with the requirement to file a surety guarantee.
Those are the court's descriptions of its own forms. Whether a surety guarantee is asked for in a particular estate is for the court to say. The forms: Supreme Court of Victoria · Probate Office forms
The time the court showed
The Supreme Court of Victoria says it may take several weeks for the application to be granted from the date the application process starts, and that once filed it usually takes 5-10 working days for the application to be reviewed.
The court says applications are taking longer than its published processing time of 5 to 10 working days.
The Probate Office says that in the week starting 5 October 2026 it is reviewing applications received in the week starting 7 September 2026, and that it reviews applications in the order it receives them.
If the application is granted, the Probate Office emails the grant.
The Probate Office's phone
The Probate Office's phone number is (03) 8600 2006. The court says it can help with the application process, but cannot give legal advice or help with administering the estate after the grant.
Queensland · general information · checked 10 October 2026
Where the court explains it
Queensland Courts says the steps to apply are the same whether the grant is probate, letters of administration with the will, or letters of administration without a will (intestacy).
The court's page sets out the steps for people applying themselves, and says a solicitor or the Public Trustee can be hired to help.
Which registry
Rule 597 of the Uniform Civil Procedure Rules 1999 says a proceeding for a grant is started by application, only in a central registry of the Supreme Court, and that the application need not be served.
How the application is made
People applying without a law firm file in person or by post at a Supreme Court registry in Brisbane, Cairns, Rockhampton or Townsville. Law firms lodge online.
The court says all forms must be completed electronically, not handwritten.
Queensland Courts lists letters of administration on intestacy and letters of administration with the will among the wills and estates applications that legal practitioners can lodge online.
What the court says is filed
For letters of administration without a will, Queensland Courts lists Form 102 (application), Form 109 (affidavit, with a certified copy of the death certificate attached), Form 47 (certificate of exhibit) and Form 104 (affidavit of publication and service, with Form 103 attached).
For letters of administration with the will, the court also names these forms. Application for probate, or for letters of administration with the will: Form 101.
Affidavit supporting an application for letters of administration with the will: Form 106.
The court keeps the certified copy of the death certificate and the original will or codicil on file. They cannot be returned.
This page does not say what to enter on any form.
The notice
Before applying, the intention to apply is advertised in the Queensland Law Reporter, using the wording in Form 103.
The ICLRQ's published rate for a notice in the Queensland Law Reporter is A$161.70, including GST.
After the notice appears in the Queensland Law Reporter, the court says to wait 14 days, to allow objections. If the registry is closed on the 15th day, filing is on the next business day.
A copy of the notice is also sent to the Queensland Public Trustee. The court says to wait at least 7 days after the Public Trustee receives it before filing.
For the contact details to send the notice to the Queensland Public Trustee, Queensland Courts gives the number 1300 360 044.
Queensland Courts' troubleshooting guide lists an application filed within 14 days of the last advertisement appearing in the newspaper as filed too soon, and says the application is refiled after the time limits have expired.
Queensland Courts' troubleshooting guide lists a notice not served on the Public Trustee as a problem, and says a copy of Form 103 is served on the Public Trustee and a Form 104 affidavit of publication is filed, with a copy of the notice as an exhibit.
A waiting step where there is no will
Rule 612 of the Uniform Civil Procedure Rules 1999 says the court must not make a grant on an intestacy within 30 days after the death, unless it considers urgent circumstances justify a grant before the end of the 30 days.
The fee the court publishes
Queensland Courts says a filing fee applies, and points to the 'Administration of estate' section in Schedule 1 of the Uniform Civil Procedure (Fees) Regulation 2019.
The court's fee for filing an application for probate or letters of administration is A$847.60.
The court says the costs of an application include the advertising fee, the court's filing fee and the fee for the death certificate.
The Queensland courts say a person facing financial hardship can ask a registrar to reduce certain civil fees: filing fees for claims, appeals or applications, and setting-down and daily hearing fees.
Section 51 of the Succession Act 1981, headed 'Abolition of administration bond and sureties', says neither an administration bond nor sureties in support of one are required of any administrator.
That is the Act's own statement. It is shown here because the other two courts on this page describe a bond or a surety guarantee.
The time the court showed
No processing time was found on the Queensland Courts pages read for this site, so this page shows none for Queensland.
The court says applications filed in person or by post are digitised, which means a longer wait before the electronic grant is issued.
The court emails the grant.
If an application does not comply, the court sends its reasons. This is usually called a requisition.
§5How letters of administration differ from probate, in the courts' words
Card 1 holds each court's description of letters of administration. The lines below are the same courts' descriptions of probate, and their own lines on what a grant is for.
New South Wales · general information · checked 10 October 2026
Probate, as each court describes it
In New South Wales, the court says a grant of probate authorises an executor to manage the estate under the will.
Victoria · general information · checked 10 October 2026
Victoria: The court says a grant of probate is a legal document it issues that confirms the will is valid and that the executor can act on the will.
Queensland · general information · checked 10 October 2026
Queensland: The court describes probate as the grant typically applied for where there is a valid will and the executor named in it is seeking authority to administer the estate.
Both are grants
The Succession Act 1981 says a grant means a grant of probate of the will or letters of administration of the estate of a deceased person.
New South Wales · general information · checked 10 October 2026
What a grant is for, as each court puts it
New South Wales: The court says the person named in the grant can take it to those holding the estate's assets, such as banks, and ask them to transfer the assets.
Victoria · general information · checked 10 October 2026
Victoria: The court says a grant allows the person named in it to deal with banks, Land Use Victoria and other organisations on behalf of the estate.
Queensland · general information · checked 10 October 2026
Queensland: The Supreme Court of Queensland says administering an estate often needs a court-issued grant, which gives someone the legal authority to act.
The same steps
Queensland Courts says the steps to apply are the same whether the grant is probate, letters of administration with the will, or letters of administration without a will (intestacy).
Victoria · general information · checked 10 October 2026
In Victoria: The court says the advertisement is the start of the application, whether or not there is a will. It gives anyone with important information a chance to contact the applicant.
Each court describes the grant in its own words. New South Wales: Where a person died without a will, the court's grant is called letters of administration.
New South Wales · general information · checked 10 October 2026
Victoria: Where the person did not leave a valid will, the court's grant is called letters of administration.
Victoria · general information · checked 10 October 2026
Queensland: Where there is no valid will, the grant is letters of administration without a will (intestacy).
Queensland · general information · checked 10 October 2026
One court describes the role: The Supreme Court of NSW says the administrator of an estate is responsible for collecting the person's assets, paying any debts and then distributing the assets to the beneficiaries.
This page does not say whether a grant is needed for a particular estate, or who can apply for one.
New South Wales · general information · checked 11 October 2026
Each court draws the line in its own words, and Cards 1 and 5 show them. New South Wales: In New South Wales, the court says a grant of probate authorises an executor to manage the estate under the will.
Where a person died without a will, the court's grant is called letters of administration.
New South Wales · general information · checked 10 October 2026
Queensland's Act puts the two side by side: The Succession Act 1981 says a grant means a grant of probate of the will or letters of administration of the estate of a deceased person.
Queensland · general information · checked 11 October 2026
Each court names this grant and says when it makes it. New South Wales: The court also makes a grant called letters of administration with the will annexed. It describes this as the grant where there is a will but no executor available to apply.
New South Wales · general information · checked 10 October 2026
Victoria: Where there is a valid will but no executor is named or able to apply, the grant is called letters of administration with the will annexed.
Victoria · general information · checked 10 October 2026
Queensland calls it letters of administration with the will: Where there is a valid will but the named executor cannot or will not act, the grant is letters of administration with the will.
Queensland · general information · checked 10 October 2026
In Victoria, the court's guide treats the two kinds differently after filing: The court's video guide says that for letters of administration with no will nothing further is needed at that stage, while for probate, letters of administration with will annexed, or a reseal, the Originating Motion is printed and sent with the original will, any codicil or document to be resealed.
Victoria · general information · checked 11 October 2026
This page cannot say. Each court publishes a general line, and the lines below are the courts' own. Victoria: The court says it does not decide whether probate is needed to deal with an estate, and that there is no automatic requirement to apply for probate when someone dies.
The court says to contact each asset holder and ask it directly whether it will need a grant before it releases money.
Victoria · general information · checked 10 October 2026
Queensland: The court says a grant of probate is not always needed, and to check with the organisation involved, such as the bank, to confirm what it requires.
Queensland · general information · checked 10 October 2026
New South Wales: The Supreme Court of NSW explains, in general terms, when a grant is and is not usually needed, in the section headed "Need for a grant of probate". Two courts publish a general line on real estate.
The Supreme Court of NSW says a grant is required to deal with real estate the person owned solely or as a tenant in common, but not where the person was a joint tenant and someone survived them, because the real estate then passes automatically to the survivor.
New South Wales · general information · checked 10 October 2026
The Supreme Court of Victoria says a grant is always required where the person owned real estate solely or as a tenant in common, and that for jointly held real estate an application may be made to the Land Titles Office to transfer the property to the survivor's name.
Victoria · general information · checked 11 October 2026
Each court publishes its own fee, and this page shows each one as the court states it. New South Wales: Filing fee for an uncontested application, by sworn gross value: less than A$100,000 nil; A$100,000 to under A$250,000 A$960; A$250,000 to under A$500,000 A$1,303; A$500,000 to under A$1,000,000 A$1,999; A$1,000,000 to under A$2,000,000 A$2,663; A$2,000,000 to under A$5,000,000 A$4,439; A$5,000,000 or more A$7,399.
Publishing the notice costs A$59. Amending and republishing it costs A$23.
New South Wales · general information · checked 10 October 2026
Victoria: The court's filing fee for an application for a grant is set by the gross value of the estate's Victorian assets. From 1 July 2026 it runs from A$0, below A$250,000, to A$17,770.80 at A$7,000,000 or more.
Posting the advertisement on RedCrest-Probate costs A$38. Republishing it costs A$51.80.
Victoria · general information · checked 10 October 2026
Queensland: The court's fee for filing an application for probate or letters of administration is A$847.60.
The ICLRQ's published rate for a notice in the Queensland Law Reporter is A$161.70, including GST. Each card above also shows what that court publishes about waiving or reducing its fee.
Queensland · general information · checked 10 October 2026
Each court shows its own line, and it changes. New South Wales: In the week of 5 to 9 October 2026, the court was assessing probate applications filed between 16 and 23 September 2026.
It was assessing letters of administration filed between 6 and 24 July 2026.
New South Wales · general information · checked 10 October 2026
Victoria: The Supreme Court of Victoria says it may take several weeks for the application to be granted from the date the application process starts, and that once filed it usually takes 5-10 working days for the application to be reviewed.
The Probate Office says that in the week starting 5 October 2026 it is reviewing applications received in the week starting 7 September 2026, and that it reviews applications in the order it receives them.
Victoria · general information · checked 11 October 2026
Queensland: No processing time was found on the Queensland Courts pages read for this site.
The court says applications filed in person or by post are digitised, which means a longer wait before the electronic grant is issued.
Those are the lines the courts showed that week. The link in each card leads to the current one.
Queensland · general information · checked 10 October 2026
The three states differ, and each line below is that court's or Act's own statement. New South Wales: The Supreme Court of NSW says that where consents cannot be obtained, it requires an administration bond and two sureties to cover the share of the estate of the beneficiaries who have not provided consent.
New South Wales · general information · checked 11 October 2026
Victoria: The Supreme Court of Victoria says its surety's guarantee forms are for an individual guaranteeing to make good any loss a person interested in the estate may suffer from the administrator's breach of duty, signed in front of a witness and backed by an affidavit of justification.
Victoria · general information · checked 11 October 2026
Queensland: Section 51 of the Succession Act 1981, headed 'Abolition of administration bond and sureties', says neither an administration bond nor sureties in support of one are required of any administrator. Whether a bond or guarantee is asked for in a particular estate is for the court to say.
Queensland · general information · checked 11 October 2026
Two courts say so directly, and the third publishes guides for applying online. Victoria: The court says a person can apply for probate or administration without a lawyer, and can choose to use one.
Victoria · general information · checked 10 October 2026
Queensland: The court's page sets out the steps for people applying themselves, and says a solicitor or the Public Trustee can be hired to help.
Queensland · general information · checked 10 October 2026
New South Wales: The Supreme Court of NSW says most applications for an uncontested grant of representation are applied for and filed online, and links four quick reference guides: creating an ORW account, the customer user interface, uploading supporting documents and preparing the summons and affidavit.
New South Wales · general information · checked 11 October 2026
Two courts also say what their staff cannot do. Queensland: The court says its registry staff cannot give legal advice.
Queensland · general information · checked 10 October 2026
The Probate Office's phone number is (03) 8600 2006. The court says it can help with the application process, but cannot give legal advice or help with administering the estate after the grant. The help card below lists each state's neutral routes to a solicitor.
Victoria · general information · checked 10 October 2026
Where to get help with your situation
This page cannot tell you what applies to the estate you are dealing with. These official routes can point you to someone who can.
New South Wales
New South Wales · general information · checked 10 October 2026
Victoria Legal Aid's Legal Help line is 1300 792 387, 8am to 6pm, Monday to Friday. It gives general legal information, and legal advice to people who are eligible.
Queensland
Queensland · general information · checked 10 October 2026