How to apply for a grant of probate in the ACT
A grant of probate in the ACT is applied for in the Probate Registry of the Supreme Court of the Australian Capital Territory. The executor must publish a notice of intended application, prepare an affidavit of executor with an inventory, lodge the original will, and pay the filing fee. A simple grant is typically issued 4-8 weeks after filing.
The framework
Probate in the ACT is governed by the Administration and Probate Act 1929 (ACT) and the Wills Act 1968 (ACT). Procedure is set out in the Court Procedures Rules 2006 (ACT), Chapter 3 (Probate).
The process
Locate the original will and confirm executorship
Secure the original will and confirm that you are named as executor. Where multiple executors are named, agree on who will apply and whether power is reserved.
Obtain the death certificate
Order the ACT death certificate from Access Canberra. You will need the certificate to support the application.
Prepare an inventory of assets and liabilities
List all assets of the deceased (ACT and elsewhere in Australia) with values at date of death, and all liabilities. Contact banks, share registries, and the ACT Land Titles Office for confirmation.
Publish the online notice of intended application
Publish a notice of intended application on the ACT Supreme Court online probate notice system at least 14 days before filing, as required by the Court Procedures Rules 2006 (ACT).
Draft the application documents
Prepare the Originating Application for Grant of Probate, the Affidavit of Executor, and the Inventory of Property. Attach the death certificate and a copy of the will.
Swear or affirm the affidavit
The Affidavit of Executor must be sworn or affirmed before an authorised person such as an Australian legal practitioner, Justice of the Peace, or notary public.
Lodge the application in the Probate Registry
File the originating application, affidavit, inventory, original will, and death certificate with the Probate Registry of the ACT Supreme Court and pay the prescribed fee.
Respond to requisitions from the Registrar
If the Registrar requires clarification or a further affidavit, respond promptly. Requisitions are a common reason for delay.
Receive the grant of probate
Once the Registrar is satisfied, the grant is sealed and issued. The grant is the court's authority for the executor to deal with estate assets.
Administer the estate
Collect the assets, pay liabilities and testamentary expenses, attend to any tax obligations, and distribute to beneficiaries in accordance with the will. Keep detailed estate accounts.
Forms and templates
- Originating Application for Grant of Probate
- Affidavit of Executor
- Inventory of Property
Common mistakes
- Filing before the 14-day online notice period expires
- Failing to attach the original will
- Omitting assets from the Inventory of Property
- Using the wrong form when the will has been altered or is damaged
- Not obtaining an affidavit of attesting witness when required
Get this process right with Quillio
Quillio can draft the Originating Application, Affidavit of Executor, and Inventory of Property from your inputs and check compliance with 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 change its forms, rules, and fees. Confirm current requirements on the ACT Courts website before filing and obtain legal advice for complex estates.
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