Legal Project Management Plan & Checklist
Purpose of this Guide: This roadmap is crafted for practitioners handling Letters of Administration applications on intestacy in New South Wales. It's built specifically 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 applies to actions in This guide applies to intestacy administration applications filed in the , Australia. Verify current guidelines on the official .
Governing Legislation: The primary rules to follow are which covers 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) which covers 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: The typical process involves audit family tree and establish applicant's priority under UCPR rules. Perform exhaustive searches for any potential Wills (personal papers, solicitor safe custody, NSW Trustee). Publish Notice of Intended Application on NSW Online Registry ($57, mandatory since 1 Aug 2023). Wait 14 clear days. Draft Form 113 Summons for Administration, Form 117 Inventory of Property, and Form 119 Affidavit of Administrator. e-File and post original documents to registry. Distribute per Chapter 4 formula after s 92 safe date (6 months from death).
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 Succession Act 2006 (NSW)):