Finding the will
Information on where to look for the will of someone who has died, and what to do if someone has died without a will.
Where to look for a will
If the person has a will, you may be able to find it:
- at their home
- with their bank
- with their solicitor
- with NSW Trustee & Guardian.
If you do not know the name of their solicitor, try calling ones in their area. When you are asking, provide them with the following details:
- their full name
- their address
- date of death
- information about your relationship to them (for example, that you are their spouse).
For more information, including a sample letter to lawyers, see NSW LawAccess.
If there is no will
If there is no will, you cannot be appointed an executor, and you cannot apply for a grant of probate.
There’s a different process for people who have died without a will and who have assets in NSW. This process involves the next of kin (their closest relative) applying to the NSW Supreme Court for a grant called Letters of Administration.
Letters of Administration allows an administrator (who is usually the next of kin) to distribute the assets of the person that has died.
If the person died without owning property, or they only had small amounts of money, you might not need to be apply for Letters of Administration. Check with the person’s bank to find out what’s needed to close their account.
Although an application for Letters of Administration is usually made by the person’s next of kin, there is an option for the NSW Trustee & Guardian to be appointed as administrator.
Learn more about applying for Letters of Administration at LawAccess NSW.