Application for a Grant of Probate

Documents to be filed:

Form 3.1 Originating application – probate
Form 3.4 Grant of probate (in duplicate with a copy of the will attached to each)
Form 3.11 Affidavit of applicant for probate
Form 3.14 Affidavit of search


Original Will

Notice of intention to apply for probate

From 1 March 2022 a notice of intention to apply for probate must be published on the ACT Supreme Court website not less than 14 days and not more than 3 months, before the day the application is filed in Court

To publish a notice, go to the ACT Supreme Court Probate Notice smart form – under ‘Application type’, choose Notice of intention to apply for probate and complete the required information.  The notice must be published not less than 14 days, and not more than 3 months, before the day the application is filed in Court.

Other forms that may be required:

Form 3.15 Renunciation of probate (see rule 3014 from volume 2 of Court Procedures Rules 2006)
 

Application for Letters of Administration with Will Annexed

Documents to be filed:

Form 3.2 Originating application – letters of administration – with will
Form 3.5 Grant of letters of administration – with will (in duplicate with a copy of the will attached to each)
Form 3.12 Affidavit of applicant for administration – with will
Form 3.14 Affidavit of search

Original Will

Notice of intention to apply for letters of administration (with will)

From 1 March 2022 a notice of intention to apply for letters of administration (with will) must be published on the ACT Supreme Court website not less than 14 days and not more than 3 months, before the day the application is filed in Court

To publish a notice, go to the ACT Supreme Court Probate Notice smart form – under ‘Application type’, choose Notice of intention to apply for letters of administration – with will and complete the required information.  The notice must be published not less than 14 days, and not more than 3 months, before the day the application is filed in Court.

Other forms that may be required:

Form 3.15

Renunciation of probate (see rule 3014 from volume 2 of Court Procedures Rules 2006)
 

Application for Letters of Administration with no Will

Documents to be filed:

Form 3.3 Originating application – letters of administration – no will
Form 3.6 Grant of letters of administration – no will (in duplicate)
Form 3.13 Affidavit of applicant for administration – no will

Form 3.14

Affidavit of search

Notice of intention to apply for letters of administration (no will)

From 1 March 2022 a notice of intention to apply for letters of administration (no will) must be published on the ACT Supreme Court website not less than 14 days and not more than 3 months, before the day the application is filed in Court

To publish a notice, go to the ACT Supreme Court Probate Notice smart form – under ‘Application type’, choose Notice of intention to apply for letters of administration – no will and complete the required information.  The notice must be published not less than 14 days, and not more than 3 months, before the day the application is filed in Court.

Other forms that may be required:

Form 3.10 Consent to administration of estate (see rules 3007 and 3008 from volume 2 of Court Procedures Rules 2006)
Form 3.21 Administration bond (see rule 3045)

Form 3.22

Affidavit of justification (see rule 3047)

 

Application for a Reseal of Foreign Grant

Documents to be filed:

Form 3.16 Originating application – reseal of foreign grant
Form 3.17 Reseal of foreign grant (in duplicate with a copy of the foreign grant annexed to each)
Form 3.19 Affidavit of applicant for reseal of foreign grant
Form 3.20 Affidavit of search - reseal of foreign grant

Original foreign grant

Notice of intention to apply for reseal of a foreign grant

From 1 March 2022 a Notice of intention to apply for reseal of a foreign grant must be published on the ACT Supreme Court website not less than 14 days and not more than 3 months, before the day the application is filed in Court

To publish a notice, go to the ACT Supreme Court Probate Notice smart form – under ‘Application type’, choose Notice of intention to apply for reseal of a foreign grant and complete the required information.  The notice must be published not less than 14 days, and not more than 3 months, before the day the application is filed in Court.