How to apply for a grant of probate in the Northern Territory
A grant of probate in the Northern Territory is applied for in the Supreme Court of the Northern Territory. The executor must advertise an intention to apply in an approved Territory newspaper, file the original will, affidavit of executor, and inventory, and pay the filing fee. A grant usually issues 4-8 weeks after filing.
The framework
Probate in the Northern Territory is governed by the Administration and Probate Act 1969 (NT) and the Wills Act 2000 (NT). Procedure is set out in the Supreme Court Rules 1987 (NT), Order 88 (Probate Jurisdiction).
The process
Locate the original will and confirm you are the executor
Secure the deceased's last valid will and confirm that you are the named executor. Where multiple executors are appointed, decide whether all will apply together.
Obtain the death certificate
Order the NT death certificate from Births, Deaths and Marriages NT. A certified copy is required as part of the application.
Prepare the inventory of assets and liabilities
List all assets and liabilities of the deceased, valued at the date of death. Include NT land (confirmed with the NT Land Titles Office), bank accounts, shares, and personal effects.
Advertise the intention to apply
Publish a notice of intended application in an approved Territory newspaper at least 14 days before filing, in accordance with Order 88 of the Supreme Court Rules 1987 (NT).
Draft the application documents
Prepare the Originating Motion for Grant of Probate, the Affidavit of Executor, and the Inventory of Property. Where the will is altered or damaged, prepare an affidavit of plight and condition.
Swear or affirm the affidavit
The Affidavit of Executor must be sworn or affirmed before an authorised witness such as a legal practitioner, Commissioner for Oaths, or Justice of the Peace.
Lodge the application with the Probate Registry
File the originating motion, affidavit, inventory, original will, death certificate, and advertising proof with the Probate Registry of the NT Supreme Court in Darwin and pay the prescribed fee.
Respond to any requisitions
The Registrar may issue requisitions seeking additional evidence or correction of defects. Respond within the time specified to avoid delay.
Receive the grant of probate
The Registrar issues the sealed grant once satisfied. The grant confirms the executor's authority to deal with estate assets.
Administer the estate
Collect assets, pay debts and funeral and testamentary expenses, attend to tax, and distribute to beneficiaries under the will. Keep estate accounts for the beneficiaries.
Forms and templates
- Originating Motion for Grant of Probate
- Affidavit of Executor
- Inventory of Property
Common mistakes
- Advertising in a non-approved publication or for fewer than 14 days
- Failing to lodge the original will
- Omitting NT real property held in joint tenancy (a grant may not be needed for jointly held property)
- Inconsistencies between the inventory and affidavit
- Not providing an affidavit of plight and condition where the will is marked or damaged
Get this process right with Quillio
Quillio can draft the originating motion, affidavit, and inventory from your inputs and check compliance with Order 88 of the Supreme Court Rules 1987 (NT). See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
This guide is general information — not legal advice. The NT Supreme Court may update its rules, forms, and fees. Confirm current requirements before filing and obtain legal advice for estates involving Aboriginal land, minor beneficiaries, or contested claims.
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