How to apply for letters of administration in the ACT
Letters of administration in the ACT are granted by the Supreme Court of the ACT where the deceased died without a valid will, or where the will exists but no executor can act. The applicant — usually the spouse or next of kin with priority — publishes an online notice, files the application, affidavit, and inventory, and pays the filing fee. A simple grant typically issues in 4-8 weeks.
The framework
Intestate administration in the ACT is governed by the Administration and Probate Act 1929 (ACT), which sets out priority for administration and distribution on intestacy. Procedure is set out in the Court Procedures Rules 2006 (ACT), Chapter 3 (Probate).
The process
Confirm there is no will or no available executor
Search for any will (including with the ACT Public Trustee and Guardian or known solicitors). If there is no valid will or the executor has died, renounced, or is unwilling, administration is required.
Identify who has priority to apply
Under the Administration and Probate Act 1929 (ACT), the spouse or domestic partner has primary priority, followed by children and other relatives. The applicant must have priority or obtain consents.
Obtain the death certificate
Order the ACT death certificate from Access Canberra.
Prepare the inventory of assets and liabilities
List all ACT and interstate assets and liabilities of the deceased at date of death, with values. Confirm real property holdings with the ACT Land Titles Office.
Publish the online notice of intended application
Publish a notice on the ACT Supreme Court online probate notice system at least 14 days before filing, under the Court Procedures Rules 2006 (ACT).
Draft the application documents
Prepare the Originating Application for Letters of Administration, the Affidavit of Applicant (addressing priority and kinship), and the Inventory of Property.
Obtain consents or renunciations
Where others have equal priority, obtain their written consent to your application or filed renunciations of their right to apply.
Lodge the application with the Probate Registry
File the originating application, affidavit, inventory, death certificate, and consents/renunciations with the Probate Registry of the ACT Supreme Court. Pay the filing fee at lodgement.
Respond to any requisitions
If the Registrar requires further evidence of kinship, consent, or inventory, respond promptly within the time specified.
Receive the grant and administer the estate
Use the grant to collect assets, pay debts, and distribute under the intestacy rules in the Administration and Probate Act 1929 (ACT), or under the will where applicable. Keep estate accounts.
Forms and templates
- Originating Application for Letters of Administration
- Affidavit of Applicant
- Inventory of Property
- Consent / Renunciation
Common mistakes
- Failing to obtain consents from others with equal priority
- Omitting or under-describing kinship in the affidavit
- Filing before the notice period expires
- Incorrect distribution calculation under the ACT intestacy rules
- Not addressing partial intestacy where a will only covers some assets
Get this process right with Quillio
Quillio can draft the affidavit, inventory, and distribution schedule in line with the Administration and Probate Act 1929 (ACT) and the Court Procedures Rules 2006 (ACT). See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
This guide is general information — not legal advice. The ACT Supreme Court may update its forms, rules, and fees. Intestacy can involve complex priority rules — obtain legal advice for blended families, minor beneficiaries, or partial intestacy.
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