Probate and deceased estate administration in the Northern Territory

• Administration and Probate Act 1969 (NT) (NT)

  The principal Northern Territory probate statute, in its current form since 1 July 2022. It gives the Supreme Court jurisdiction to grant probate or administration where the deceased left property in the Territory (s 14), allows caveats against a grant (s 44), contains the intestacy rules (Part III Division 4) and the powers and duties of personal representatives (Part III Division 6), lets an executor give notice to creditors before distributing (s 96), lets the Court allow commission of up to 5% (s 102), and provides for resealing grants from other states, territories and prescribed countries (s 111).

• Administration and Probate Act 1969 (NT) - section 71B (NT)

  Part of Division 4A, which applies to the intestate estate of an Aboriginal person who had not entered into a marriage valid under the Marriage Act 1961 (Cth). A person claiming an interest under the customs and traditions of the deceased's community or group, or a professional personal representative, may apply for an order distributing the estate according to those traditions. The application must include a plan of distribution prepared under those traditions (s 71B), be made within 6 months after the grant unless the Court extends the time (s 71C), and be served on each administrator (s 71D).

• Family Provision Act 1970 (NT) (NT)

  Allows a spouse, de facto partner or child of the deceased, and in some cases a former spouse or partner, stepchild, grandchild or parent, to apply to the Supreme Court for provision from the estate (s 7). An application must be made within 12 months after the grant of probate or administration. The Court can extend the time, but not after the estate has been lawfully and fully distributed (s 9). An administrator who distributes after giving notices under section 96 of the Administration and Probate Act, and before having notice of a claim, is protected from personal liability (s 21).

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

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

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

  Governs superannuation death benefits, including who a benefit may be paid to. The fund trustee pays the benefit under the fund rules and any valid binding nomination, so superannuation does not form part of the Territory estate unless it is paid to the legal personal representative.

• Bankruptcy Act 1966 (Cth) (CTH)

  Part XI provides a federal process for administering the estate of a deceased person whose liabilities exceed their assets.

• Supreme Court of the Northern Territory - Wills and probate

  Has jurisdiction in all Northern Territory probate and administration matters. Its page sets out the steps, the affidavits and forms for each type of grant and reseal, the 14 day notice, the current Court fee and how to contact the Probate Officer at ProbateOfficer.NT@nt.gov.au. Current notices of intended application are listed there by month.

• Supreme Court NT - Forms and Templates

  Lists every Order 88 form, including Form 88A (application for a grant of representation or resealing), Forms 88B, 88C and 88D (notices of intended application for probate, administration and resealing), Form 88T (affidavit of assets and liabilities) and Form 88ZC (caveat).

• Supreme Court NT - Notices filed in probate proceedings (archive)

  Archive of notices of intended application published from 2020 to 2023 and notices of intended distribution published in 2022 and 2023. Newer notices are on the Wills and probate page and are removed once a grant is made.

• Public Guardian and Trustee NT (Public Trustee)

  The Public Trustee administers an estate where it is named as executor or the Supreme Court appoints it, which happens where there is no will or the executor cannot or will not act and no one else is available. It also stores wills and searches its index of wills, a search every applicant for a grant must ask for. Phone 1800 810 979.

• NT Government - small estates of less than $20,000

  Explains that where an estate is worth less than $20,000, with or without a will, you may be able to take control of it yourself without asking the Supreme Court for a grant of representation.

1. 01Find the will and obtain the death certificate

   Look for the original will and any codicils among the deceased's papers, and check with the Public Guardian and Trustee, the deceased's lawyer and bank, and the Public Trustee in any state where the person used to live. Apply to Births, Deaths and Marriages for the death certificate. It cannot be applied for until after the funeral and once the death has been registered.

   Typical timeframe: Varies; the certificate can be ordered only after the funeral, once the death is registered

2. 02Work out whether a grant is needed

   List the assets and how they are held. Whether a grant is needed depends on what the assets are worth, whether land was held solely, as joint tenants or as tenants in common, and what each asset holder or super fund requires. If the estate is worth less than $20,000, the NT Government says you may be able to take control of it without a grant. You can ask each asset holder in writing what it requires.

   Typical timeframe: Depends on how quickly asset holders reply

3. 03Gather values and prepare the affidavits

   Obtain date of death balances and valuations, then prepare the affidavits and forms the Court lists for your type of grant. For probate these include Form 88A, the affidavit of death (Form 88G) with the death certificate annexed, the affidavit of executor (Form 88H), the affidavit of assets and liabilities (Form 88T), the oath of office (Form 88J), the proposed grant, and a true copy of the will with an affidavit of a legal practitioner who has examined it. Applicants without a lawyer also file an affidavit of identity, and a first application made 6 months or more after the death needs an affidavit explaining the delay.

   Typical timeframe: Varies with the size of the estate

4. 04Publish the notice and do the searches

   Email the notice of intended application as a PDF to the Probate Officer: Form 88B for probate, Form 88C for administration or Form 88D for a reseal. It is published on the Supreme Court website. Ask the Public Trustee to search its index of wills and the Probate Officer to search the Court's records, because you swear to both in the affidavit of publication and search (Form 88I). The application cannot be filed until the notice has been published for 14 days.

   Typical timeframe: At least 14 days

5. 05File the application by email and pay the fee

   Email each signed affidavit and form as a separate PDF to ProbateOfficer.NT@nt.gov.au. For probate or letters of administration with the will annexed, this includes a true copy of the will and an affidavit of a legal practitioner who has examined the will (Practice Direction 3 of 2020, paragraphs 35 and 37). The Court can ask for the original will. Pay the Court fee of $1,585 (from 1 July 2026) using the electronic payment form. The application is not treated as filed until the fee is paid.

   Typical timeframe: Once the notice has been published for 14 days

6. 06Court examination and grant

   The Court examines the papers. If it finds a problem it issues a requisition, a formal request for information, which you answer by filing amended or further affidavits or forms. Once the papers are in order and no caveat is in force, the grant is made, the Probate Officer tells you by email, and you collect the sealed grant from the Civil Registry.

   Typical timeframe: Varies; longer if a requisition issues

7. 07Administer, settle liabilities and distribute

   Collect assets, lodge tax returns, pay the funeral costs, debts and expenses, deal with any Territory land, and distribute. You can publish a notice of intended distribution (Form 88ZF), which is not compulsory but may protect you from claims you did not know about. A family provision claim can be made up to 12 months after the grant, or later with the Court's permission until the estate is fully distributed, so distributing the residue before then carries risk. Giving notices under section 96 of the Administration and Probate Act and waiting for them to expire gives some protection (s 21 Family Provision Act).

   Typical timeframe: A simple estate run by the Public Trustee usually takes 12 to 24 months

Northern Territory probate costs have three parts. The Supreme Court fee for an application for probate, letters of administration or a reseal is $1,585 from 1 July 2026, made up of the $1,548 filing fee and the $37 search fee. If paying would cause financial hardship, you can apply for the fee to be waived, deferred or paid by instalments. There is no Court fee for lodging a caveat. Legal fees are the largest variable and are usually paid from the estate. Territory estates can cost more to administer, because family members and assets may be far apart and remote property is harder to value. The costs and expenses of administering the estate are paid from it, and the Court can allow an executor commission of up to 5% when the accounts are passed (s 102 Administration and Probate Act 1969). If the Public Trustee administers the estate, its commission from 1 July 2026 is 4.4% of the first $200,000 of assets, with lower rates above that and a minimum charge of $766.70 (GST inclusive).