Probate and deceased estate administration in the Australian Capital Territory

• Administration and Probate Act 1929 (ACT) (ACT)

  The principal ACT probate statute (current republication R29, in force from 12 December 2023). It gives the Supreme Court jurisdiction to grant probate or administration (s 9), requires a finding about the deceased's domicile (s 8C), sets out the powers and duties of executors and administrators, provides for public notice to creditors before distribution (s 64), lets the Court allow an executor or administrator a just commission (s 70), contains the intestacy rules (part 3A and schedule 6), and provides for resealing grants made in a state, a Commonwealth country or a prescribed country (s 80).

• Court Procedures Rules 2006 (ACT) (ACT)

  Part 3.1 sets out the probate procedure: the online notice of intention (rules 3006 and 3021), notice to other people entitled to administer an estate (rule 3007), the supporting affidavit and inventory (rule 3010), the affidavit of search (rule 3011), administration bonds (rule 3045) and caveats (rules 3066 to 3072). Division 2.20.4 deals with executors' accounts and applications for commission.

• Family Provision Act 1969 (ACT) (ACT)

  Allows an eligible person to apply to the Supreme Court for provision from a deceased estate: a partner, a person who was in a domestic relationship with the deceased for 2 years or more, a child, and, only in the circumstances the Act sets out, a stepchild, grandchild or parent (s 7). An application must be made within 6 months after the grant; the Court can extend time, but no extension can be sought once the estate has been lawfully and fully distributed (s 9). Section 21 protects a personal representative who distributes after giving public notice under the Administration and Probate Act 1929, s 64, once the notice period has ended and before they had notice of a claim.

• Wills Act 1968 (ACT) (ACT)

  Governs how a will must be made, altered and revoked in the ACT, the effect on a will of marriage, civil union or civil partnership and of its ending (ss 20 and 20A), and when the Court may accept a document not signed with the usual formalities as a will (s 11A). Section 32 (from 11 June 2025) and section 33 (from 23 February 2026) let the court registrar and Legal Aid ACT deposit wills they hold with the Public Trustee and Guardian.

• Income Tax Assessment Act 1936 (Cth) (CTH)

  Contains the trust taxation rules applying to an ACT deceased estate, including the treatment of income to which a beneficiary is presently entitled.

• Superannuation Industry (Supervision) Act 1993 (Cth) (CTH)

  With its regulations, governs superannuation death benefits, including who a benefit may be paid to and binding death benefit nominations. Superannuation paid by the fund to a nominated beneficiary is generally not part of the ACT estate.

• Bankruptcy Act 1966 (Cth) (CTH)

  Part XI lets a creditor or the legal personal representative petition the Court for an insolvent deceased estate to be administered in bankruptcy.

• ACT Supreme Court - Probate, Administration, Reseal of Foreign Grant

  Sets out the Registrar's probate jurisdiction, which application to make, the documents to file and the online notice of intention that has applied since 1 March 2022. The Registrar considers applications on the papers and the Court tells you if amendments or more documents are needed.

• ACT Supreme Court Probate Notice smart form

  Where you publish the notice of intention to apply for probate, letters of administration with or without a will, or a reseal. From 1 July 2026 publishing costs $63 and amending or republishing costs $21; an amendment restarts the 14 day minimum.

• Public Trustee and Guardian (ACT)

  The ACT public trustee. It keeps the ACT will register, can act as executor or administrator, and has statutory powers to administer small estates (Administration and Probate Act 1929 (ACT) ss 87B and 87C). Phone 02 6207 9800.

• Access Canberra - land titles

  Keeps the ACT land titles register. A surviving joint tenant lodges a notice of death by surviving proprietor (form 015-ND) with a certified death certificate. For a sole owner or tenant in common, a transmission application (form 032-TA) is lodged with a certified copy of the grant. Each lodgment fee is $184 as at 1 July 2026.

• ACT Civil and Administrative Tribunal

  Deals with guardianship and management of property cases, which can matter where an executor, administrator or beneficiary has impaired decision-making ability.

1. 01Find the will and obtain the death certificate

   Look for the original will and any codicils with the deceased's solicitor, bank and accountant, and ask the Public Trustee and Guardian, whose ACT will register holds wills it made, wills deposited with it, wills previously held by the Supreme Court and wills prepared by Legal Aid. You can also place a missing will notice in the ACT Law Society's publication Hearsay. Order death certificates from Access Canberra, which processes requests within 15 business days of receiving all documents. Where a coroner is investigating, Access Canberra will not issue a death certificate until there is a cause of death finding, although you can apply for an interim certificate.

   Typical timeframe: 15 business days plus postage for a certificate

2. 02Work out which application to make

   Use the ACT Supreme Court guidance to identify whether you need probate, letters of administration with the will, letters of administration (no will) or a reseal. If you are applying for administration and not everyone entitled is joining in, each non-applicant domestic partner and adult next of kin must consent, be served with notice at least 14 days before you file, or be shown in your affidavit to be someone who cannot be found.

   Typical timeframe: Varies

3. 03Identify and value the estate

   Obtain date of death balances from banks, funds, insurers and share registries, obtain a valuation of any ACT property, and list every liability including rates, land tax and credit facilities. Your affidavit must annex an inventory of the estate and state the estimated gross value of the deceased's property in the ACT, and that gross value sets the court fee.

   Typical timeframe: Varies with the number of asset holders

4. 04Publish the notice of intention to apply

   Publish the notice on the ACT Supreme Court website using the Probate Notice smart form and pay the fee ($63 from 1 July 2026). It must be published not less than 14 days and not more than three months before the day the application is filed. The notice asks creditors to send their claims to your address for service.

   Typical timeframe: At least 14 days, at most 3 months, before filing

5. 05File the application in the Supreme Court

   File the originating application, the draft grant in duplicate (with a copy of the will attached to each for probate or administration with the will), your supporting affidavit with the death certificate, inventory, published notice and documents proving each beneficiary's identity and relationship to the deceased annexed, the original will signed in the margin by you and the person who takes your affidavit, and an affidavit of search, and pay the filing fee. If you first apply more than six months after the death, your affidavit must explain the delay.

   Typical timeframe: Same day (filing only)

6. 06Registrar's examination and grant

   The Registrar considers the application on the papers and issues the grant if the paperwork is in order and the fee has been paid. If amendments or further documents are needed, the Court will tell you. A grant can be made without a hearing unless a caveat is in force. Where letters of administration are granted without a will, the Court may require an administration bond.

   Typical timeframe: No published processing time

7. 07Administer the estate, give notice to creditors and distribute

   Collect the assets, lodge tax returns and pay debts and expenses. Before distributing, an executor or administrator may give public notice under section 64 of the Administration and Probate Act 1929 (ACT). The notice invites claims within a stated period of at least one month and says the estate will be distributed after the later of that period and six months after the grant. The notice is optional, but the protection from personal liability in section 64 and in section 21 of the Family Provision Act 1969 depends on it. Deal with any ACT land through Access Canberra.

   Typical timeframe: ATO: typically 6 to 12 months, can be longer

From 1 July 2026 the ACT Supreme Court fee for an application for probate, letters of administration or a reseal depends on the gross sworn value of the estate: no charge under $50,000; $1,164 from $50,000 to under $250,000; $1,471 from $250,000 to under $500,000; $2,224 from $500,000 to under $1,000,000; and $2,961 for $1,000,000 or more. Publishing the notice of intention costs $63, and amending or republishing it costs $21. The Registrar can waive all or part of a court fee where paying it would cause hardship. Under the Court Procedures (Fees) Determination 2026, the primary holder of a Health Care Card, Low Income Health Care Card or Pensioner Concession Card (Services Australia) or a Department of Veterans' Affairs Pensioner Concession Card is exempt from most court fees, including the notice fee and the probate fee for an estate under $250,000, but not the probate fee for an estate of $250,000 or more; the Court has a request for exemption form. Land titles lodgments such as a transmission application or a notice of death cost $184 each as at 1 July 2026. Funeral, testamentary and administration expenses are paid from the estate, and the ATO notes the court fee is usually reimbursed from the estate. Assets in New South Wales mean a second application or a reseal. An executor is not automatically paid for their time: the Supreme Court may allow a commission that is just, and an executor who applies for it must file a full account. The Public Trustee and Guardian charges fees set by a determination of the Attorney-General, including a capital commission on a descending scale down to 1.1%.