Probate, Administration, Reseal of Foreign Grant
If a person dies leaving assets in the ACT, it may be necessary for the executor or next of kin of the deceased person to apply for a grant of probate or administration to deal with the estate left behind.
- Probate Jurisdiction of ACT Supreme Court
The Registrar of the ACT Supreme Court has the jurisdiction (statutory authority) to grant probate or administration of an estate upon application, supported by the necessary prescribed forms and affidavit material (see C below).
There are a couple of ways to obtain a grant or letters of administration. You may either:
- Instruct a solicitor to act on your behalf; or
- Make the application in person
An application for probate is made where the deceased person leaves a valid will with an executor(s) appointed under the will.
An application for letters of administration is made where the deceased person leaves a valid will but either there is no executor named or the named executors are unable or incapable of applying.
An application for letters of administration (no will) is made where the deceased person leaves no will. They are said to have died intestate.
If the deceased person has assets in the ACT, and a grant or administration has been issued in another State or Territory, it may be necessary to apply to the ACT Supreme Court for a reseal of a foreign grant.
The Registrar will consider all applications on the papers and will issue the grant or administration if the paperwork is in order (and the requisite fee has been paid). If any amendments need to be made or additional documents filed prior to the grant or administration being issued, the court will notify you.
- The steps required to be taken to apply for a grant or letters of administration
- Determine whether a grant of probate, letters of administration with will or letters of administration no will is required
- Advertise your intention to apply
- Complete the forms required (see C below)
- File your application with the court and pay the required fee
- Documents / Forms to be completed and submitted
Application for Grant of 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
Publish a notice of intention to apply for probate:
- 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.
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
Other forms that may be required:
Application 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
Publish a notice of intention to apply for letters of administration – with will:
- 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.
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
Other forms that may be required:
Application for Letter 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
Publish a Notice of intention to apply for letters of administration – no will
- 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.
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
Other forms that may be required:
Application 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
Publish a Notice of intention to apply for reseal of a foreign grant
- 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.
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
- Useful links
Please note that, whilst the Court registry staff can check your forms for general compliance with rules relating to the filing of court documents, and may give you information and assistance in relation to Court procedures, they cannot give you legal advice and they are not responsible for the accuracy or completeness of your documents.