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
- 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.