NSW How can I get proof there was no probate or letters of administration issued

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Sal1

Well-Known Member
24 June 2016
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Hi,
My mother passed away in 2003. She did not have a will or an estate, no probate or letters of administration was issued . How do I gain proof of this. As ASIC is requiring it for some unclaimed money which has been found???
thanks in advance
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
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It's very hard to prove something doesn't exist. You may need to clarify with them what they will actually accept, but I imagine it will need to be something like an 'affidavit of search'. You may need to engage a professional search agent to conduct registry searches in all relevant jurisdictions (i.e. states) in which your mother lived where she owned property (for example).

However, ask them what they require rather than guessing. If you provide something that's not quite what they want you may need to do it all again.