Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for Letters of Administration applications on intestacy in New South Wales. Designed explicitly for estate litigation and administration solicitors, this guide outlines the process under the NSW intestacy rules in Chapter 4 of the Succession Act 2006 (NSW). Additional forms are accessible via the NSW Government Services.
Jurisdiction: This guide applies to intestacy administration applications filed in the Supreme Court of New South Wales, Australia. Verify current guidelines on the official .
Governing Legislation: - Succession Act 2006 (NSW) Chapter 4 (intestacy distribution) - Probate and Administration Act 1898 (NSW) (grants of administration, s 92 creditor notices) - Supreme Court Rules 1970 (NSW) Part 78 (application procedure) - UCPR 2005 (NSW) Forms 113, 112, 117, 119 - Practice Note SC Eq 07 (commenced 17 June 2024) - Probate and Family Provision List
Statutory Legacy (CPI-indexed quarterly, s 106): $611,387.84 (deaths 30 April – 29 July 2026). Formula: R = A × (C ÷ D), where A = $350,000, D = 83.8 (Dec 2005 CPI). Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Intestacy Distribution Hierarchy (s 105): Spouse, no children = entire estate. Spouse + children (same relationship) = entire estate. Spouse + children (different relationships) = personal effects + statutory legacy ($611,387.84) + ½ remainder; children share other ½ equally. No spouse, children survive = children share equally. No spouse, no children = parents → siblings → grandparents → aunts/uncles (strict priority). Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Filing Fees (2025-26 FY): Same estate-value tiered schedule as probate: Nil (<$100K) to $7,099 ($5M+). Notice fee: $57. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Process at a Glance: (1) Audit family tree and establish applicant's priority under UCPR rules. (2) Perform exhaustive searches for any potential Wills (personal papers, solicitor safe custody, NSW Trustee). (3) Publish Notice of Intended Application on NSW Online Registry ($57, mandatory since 1 Aug 2023). (4) Wait 14 clear days. (5) Draft Form 113 Summons for Administration, Form 117 Inventory of Property, and Form 119 Affidavit of Administrator. (6) e-File and post original documents to registry. (7) Distribute per Chapter 4 formula after s 92 safe date (6 months from death).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate (Executor) - Letters of Administration (Intestacy Alternate) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Verify family tree, perform exhaustive Will searches, and confirm intestacy status.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Publish Notice of Intended Application on NSW Online Registry.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft Form 113 Summons, Form 117 Inventory, and Form 119 Affidavit of Administrator.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Statutory legacy: $611,387.84 (deaths 30 April – 29 July 2026). Formula: R = A × (C ÷ D), where A = $350,000, D = 83.8 (Dec 2005 CPI). CPI-indexed quarterly under s 106 Succession Act 2006 (NSW).
Intestacy distribution hierarchy (s 105):