The law requires that you obtain proper authority prior to administering an estate of someone who has passed away. Most of the time the person who has died is close to you such as a parent, spouse, brother or sister.
To obtain proper authority, you need to obtain either a grant of probate or a grant of letters of administration from the Supreme Court of NSW. A grant of probate can be obtained by executors when there is a valid Will of a person who has died which specifies the executor or executors appointed to administer that person’s estate. When there isn’t a Will or a valid Will or the executor in a Will is not willing or able to administer the deceased’s estate, then you must apply for a grant of letters of administration.
Not anybody can apply for a grant of letters of administration and legislation specifies the categories of persons who may apply. Also, there are various grants of letters of administration such as letters of administration with the Will annexed, letters of administration dbn (that is where a prior administrator has died without fully administering the deceased’s estate) or dbn with the Will annexed, or grant of letters of administration based on presumption of death, limited grants etc.