Wills & probate

General Information
What is a grant of representation?
Do I need a grant of representation?
How do I apply for a grant of representation? (relevant legislation)
General process to apply for a grant of representation
Information Sheets
Affidavits and Forms
Probate (affidavits and forms)
Letters of Administration with the Will Annexed
Letters of Administration
Additional forms you may need to file to apply for a grant of representation
Reseal of Grant of Representation
What are my rights, powers, duties and liabilities as an executor or administrator?
How can I obtain a copy of a grant of representation?
How can I stop someone applying for a grant of representation?
Who is an authorised witness?
What about others matters arising in relation to probate and administration?
Where can I obtain further information?
Notices filed in probate and administration proceedings
Notice of intended distribution of estate
Useful links

Wills & Probate

The Supreme Court of the Northern Territory has jurisdiction in all probate and administration matters in the Northern Territory, including applications for a grant of representation.

The following information is provided to assist you in applying for a grant.

The information is provided as a general guide only and does not address the range of issues that may arise in probate and administration matters.

You are encouraged to obtain independent legal advice if you are intending to make an application for a grant of representation.

What is a grant of representation?

When a person dies (‘the deceased’), a grant of representation may be required to manage and finalise the assets and liabilities (‘the estate’) they have left behind.

A grant of representation is a legal document issued by the Court that gives a person or persons the legal right to administer the estate of the deceased, including distributing the deceased’s assets to the person or persons entitled.

There are three types of grants of representation – Probate, Letters of Administration with the Will Annexed, and Letters of Administration.

The type of grant required will depend on whether the deceased left a valid will, and if so, the terms of the will, or whether the deceased died without leaving a valid will. The types of grants of representation are summarised below:

Probate – where a deceased leaves a valid will that nominates an executor or executors the Court may grant Probate to that person or persons.
Letters of Administration with the Will Annexed – where a deceased leaves a valid will that does not name an executor or where the only executor(s) named in the will are unwilling or unable to apply for a grant of Probate, the Court may grant Letters of Administration with the Will Annexed to an appropriate person or persons who will usually be a beneficiary or beneficiaries of the deceased’s estate.
Letters of Administration – where a deceased does not leave a valid will the Court may grant Letters of Administration to an appropriate person or persons who will usually be a beneficiary or beneficiaries of the deceased’s estate.

Do I need a grant of representation?

A grant of representation is not always required to manage and finalise the estate of a deceased.

Generally, the requirement for a grant will depend on a number of factors, including but not limited to, the nature and amount of the assets of the deceased; whether the deceased owned real property solely, as a joint tenant, or as a tenant in common; and the requirements of a superannuation fund paying out a death benefit.

It is recommended that you contact each asset holder, such as bank or financial institution, to find out if they require a grant to release money held in the deceased’s name.

How do I apply for a grant of representation?

Legislation

The following Acts and subordinate legislation prescribe what is required to apply for, and to be granted, representation:

Wills Act 2000

Administration and Probate Act 1969

Administration and Probate Regulations 1983

Supreme Court Rules 1989 (Order 88)

Supreme Court Practice Direction 3 of 2020

Other related legislation that you may need to consider includes the Public Trustee Act 1979 and Family Provision Act 1980.

General process to apply for a grant of representation

To apply for a grant of representation you must:

Determine the type of grant of representation that is required, if at all, to administer the estate of the deceased, and who is the most appropriate person or persons to apply for that grant.
Publish your intention to apply for a grant of representation on the Supreme Court website by filing the appropriate notice by email to ProbateOfficer.NT@nt.gov.au
You will find the current notices published on the Supreme Court website below.
Conduct a search of the index of wills by sending an email to agd.publictrustee@nt.gov.au and asking the Office of the Public Trustee of the Northern Territory to undertake a search in the name of the deceased for the purpose of applying for a grant of representation.
Conduct a search of the records of the Supreme Court by sending an email to ProbateOfficer.NT@nt.gov.au and asking the Probate Officer to undertake a search in the name of the deceased for the purpose of applying for a grant of representation.
Complete the appropriate affidavits and forms to apply for a grant of representation, including having them signed in front of an authorised witness, and file those by email to ProbateOfficer.NT@nt.gov.au
Pay the Court fee for applying for a grant of representation by completing the electronic payment form (below) and emailing it to ProbateOfficer.NT@nt.gov.au
As at 1 July 2024, the total Court fee to lodge an application for a grant of representation is $1,499 (comprised of a filing fee of $1,464 for the originating process and a search fee of $35).
- Electronic Payment Form
If the Court identifies any issues with your application, it will issue a Requisition, which is a formal request for information to which you should respond. The Requisition may require you to file amended and/or supplementary forms and/or affidavits before the Court will proceed with your application for a grant of representation.
Once the grant representation is made you will be advised via email from ProbateOfficer.NT@nt.gov.au. You can collect the hard copy of the sealed grant from the Civil Registry, Supreme Court of the Northern Territory.

Information Sheets

To assist you in applying for a grant of representation, you should read the information sheets for each type of grant that are provided below.

The information sheets provide general information about applying for a grant of representation and highlight what you need to pay attention to when you are completing the relevant affidavits and forms.

The information sheets do not address the complex legal issues that may arise in probate and administration matters. You are encouraged to obtain independent legal advice in relation to the specific circumstances of any application for a grant of representation.

To assist you to define and better understand the legal terms used in the information sheets, affidavits and forms a glossary is provided below.

Glossary of legal terms – Wills and Probate PDF (444.3 KB)

Affidavits and Forms

The affidavits and forms you are required to file to apply for a grant of representation are provided below.

You should download the relevant affidavits and forms and then edit them to include information specific to your application where indicated by brackets [ ] therein. You should delete any instructions or inapplicable words but do not change the formatting.

Once you have completed the affidavits and forms they should be printed single sided on A4 paper and signed before an authorised witness.

Thereafter, the signed affidavits and forms should be saved as separate documents in PDF format and named as they appear above, for example ‘Affidavit of Assets and Liabilities – Form 88T’. Do not combine the affidavits and forms into one PDF document because they will not be accepted for filing.

Probate

The affidavits and forms that must be filed in all applications for a grant of Probate are:

See below the additional affidavits and forms that you may need to file in an application for Probate.

Letters of Administration with the Will Annexed

The affidavits and forms that must be filed in all applications for a grant of Letters of Administration with the Will Annexed are:

See below the additional affidavits and forms that you may need to file in an application for Letters of Administration with the Will Annexed.

Letters of Administration

The affidavits and forms that must be filed in all applications for a grant of Letters of Administration are:

See below the additional affidavits and forms that you may need to file in an application Letters of Administration.

Additional forms you may need to file to apply for a grant of representation

You may need to file any of the following affidavits and forms when applying for a grant of Probate, Letters of Administration with the Will Annexed or Letters of Administration:

Affidavit of Identity must be filed if you are self-represented; that is filing the grant of representation yourself and not by way of a legal practitioner acting on your behalf.
Affidavit of Delay must be filed if you are applying for a grant of representation 6 months or more after the death of the deceased.
Affidavit for Probate or Administration may be filed if you need to provide additional information in support of your application for a grant of representation, such as in response to a Requisition from the Court.
Electronic Payment Form may be filed to pay the Court fee for applying for a grant of representation.
Application for Fee Waiver, Deferral or Payment by Instalment may be filed if payment of the Court fee will cause you financial hardship and you are seeking either a waiver, deferral or payment plan to pay the Court fee.

You may need to file any of the following affidavits and forms when applying for a grant of Probate or Letters of Administration with the Will Annexed:

Form 88E - Renunciation of Probate may be filed in an application for Probate or Letters of Administration with the Will Annexed if an executor named in the will of the deceased is unwilling or unable to act as executor.
Affidavit of Plight and Condition must be filed in an application for Probate or Letters of Administration with the Will Annexed if the will has signs of tampering and/or damage to explain why.
Proposed Grant of Probate – Renunciation of Executor must be filed in an application for Probate where the one or more of the executors has renounced probate.

Reseal of Grant of Representation

A grant of representation (whether it is Probate, Letters of Administration with the Will Annexed, or Letters of Administration) made by a court of competent jurisdiction outside the Northern Territory may not give you, as an executor or administrator, the authority to deal with the assets of a deceased that are held in the Northern Territory.

Rather than requiring a fresh application for a grant of representation, you may apply to the Supreme Court of the Northern Territory asking that it recognise the original grant of representation by resealing it with the seal of the Supreme Court of the Northern Territory.

A grant of representation resealed by the Supreme Court of the Northern Territory has the same force, effect and operation in the Northern Territory as the original grant of representation in the jurisdiction where it was made.

The process to apply for a Reseal of a Grant of Representation is the same as the process to apply for a grant of representation outlined above, including the payment of the Court fee, which is currently $1,435 (comprised of a filing fee of $1,402 for the originating process and a search fee of $33).

To assist you in applying for a Reseal of a Grant of Representation, an information sheet is provided below along with the affidavits and forms you will need to complete and file for the Reseal you require, being either a Reseal of Probate, a Reseal of Letters of Administration with the Will Annexed or a Reseal of Letters of Administration.

Specific Issues

What are my rights, powers, duties and liabilities as an executor or administrator?

The executor or administrator of an estate is responsible for collecting the deceased’s assets, paying any liabilities that the deceased may have had and administering the estate in accordance with the deceased’s will or the rules of intestacy where the deceased did not leave will.

The role of an executor or administrator is a demanding one. It requires a good understanding of legal, accounting and taxation requirements. It can also be time consuming.

Part III, Division 6 of the Administration and Probate Act 1969 sets out the rights, powers, duties and liabilities of executors and administrators.

If you are unsure of your rights, powers, duties and liabilities as an executor or administrator you should obtain independent legal advice.

How can I obtain a copy of a grant of representation?

An Exemplification of a Grant of Representation is a Court certified and sealed copy of a grant of Probate, Letters of Administration with the Will Annexed, Letters of Administration or Reseal of a Grant of Representation.

Section 150(1)(a) of the Administration and Probate Act 1969 provides that a person may, upon payment of the appropriate fee, obtain from the Registrar of Probates a Certificate of Exemplification of a grant of probate or administration.

Given that an Exemplification of a Grant of Representation has the same force, effect and operation as the original grant of representation, it is usually only available to the executor(s) or administrator(s) of an estate. Requests from persons other than the executor(s) or administrators(s) of an estate will be assessed on a case-by-case basis.

To apply for an Exemplification, you need to complete the Application for Exemplification of a Grant form (below), and file it, along with the proposed Exemplification of Grant, by email to ProbateOfficer.NT@nt.gov.au You are also required to pay the applicable Court fee. As at 1 July 2023, the Court fee for a certified copy of a grant of representation is $6.75 for the first page and $1.35 for each additional page.

To assist, an application and templates for an Exemplification of a grant of Probate, Letters of Administration with the Will Annexed, and Letters of Administration are provided below:

How can I stop someone applying for a grant of representation?

A caveat is a formal notice filed with the Court that suspends proceedings on a matter for a defined period of time.

In respect of a grant of representation, a caveat may be lodged by a person claiming to have an interest in an estate to stop the grant of representation from being made in the estate.

Section 44 of the Administration and Probate Act 1969 provides that a person may, at any time before the granting of representation, lodge with the Registrar of the Court a caveat against an application for representation.

Rule 88.62 of the Supreme Court Rules 1987 further provides:

(1) A person claiming to have an interest in an estate may lodge in the Registry a caveat, in accordance with Form 88ZC, in respect of a grant or reseal being made in the estate.

(2) The caveat shall state fully the nature of the interest claimed by the caveator and shall provide an address for service.

(3) Where a person, to the knowledge of the caveator, is making or is intending to make application for a grant or resealing in the estate the caveator shall, within 7 days after the lodging of the caveat, serve a copy of the caveat on him.

A caveat takes effect on the date of lodgement and, unless the Court otherwise orders, remains in force for 6 months. The Court may extend the period of duration of a caveat. An application can be made for leave to withdraw a caveat pursuant to rules 88.65 and 88.66 of the Supreme Court Rules 1987.

To lodge a caveat you need to complete the following form and file it with the Court by email to ProbateOfficer.NT@nt.gov.au:

Form 88ZC – Caveat RTF (62.7 KB)

There is no Court fee payable for lodging a caveat with the Court.

Who is an authorised witness?

Affidavits must be signed in front of an authorised witness as defined in section 15 of the Oaths, Affidavits and Declarations Act 2010, such as a Justice of the Peace or a Commissioner of Oaths. All pages of your affidavit must be signed by you and witnessed by the authorised witness. The authorised witness must also attest and sign each annexure clause to an affidavit.

Assistance and Support

What about others matters arising in relation to probate and administration?

The information provided on the Supreme Court website is a general guide only and is not intended to address all the issues that may arise in probate and administration matters, such as those relating to administration bonds, citations, revoking a grant, or passing accounts.

You are encouraged to obtain independent legal advice particularly if you are unsure of how to proceed or your matter is complex.

Where can I obtain further information?

Civil Registry Staff of the Supreme Court can provide further information to assist you in relation to probate and administration matters.

The Probate Officer can be contacted via email to ProbateOfficer.NT@nt.gov.au or phone on (08) 8999 6562 (Darwin) or (08) 8951 5727 (Alice Springs).

Please note that Court staff are unable to provide legal advice, and that includes advice on whether or not a grant of representation is required to manage the estate of a deceased or the type of grant of representation you should make. Court staff also cannot help you to complete affidavits and forms nor examine documents prior to filing.

For general information in relation to making a will and being an executor or administrator, the Public Trustee of the Northern Territory may also be able to assist. The Public Trustee can be contacted via email to agd.publictrustee@nt.gov.au or phone on 1800 517 223 (Freecall), (08) 8999 7271 (Darwin) or (08) 08 8951 5338 (Alice Springs).

Notices filed in probate and administration proceedings

Notice of intended application for a grant of representation

In all applications for a grant of representation, you must advertise your intention to apply for a grant of representation by way of either a Form 88B - Notice of Intended Application for Probate, Form 88C - Notice of Intended Application for Administration, or Form 88D - Notice of Intended Application for Resealing (‘a Notice’).

Practice Direction 3 of 2020 dispenses with the requirement of Rule 88.09(1) of the Supreme Court Rules 1987, to publish a Notice in a local newspaper, such as the NT News. Instead, a Notice is now published on the Supreme Court website (below).

To publish a Notice, file the appropriate Notice by emailing it in PDF Format to ProbateOfficer.NT@nt.gov.au

Once filed a Notice will be published as soon as practicable on the Supreme Court website.

A Notice must be published on the Supreme Court website for 14 days before an application for a grant of representation can be filed.

You will find below the Notices currently published for intended grants of representation in the Northern Territory. Please note that Notices are removed from the Supreme Court website once a grant of representation is made.

Notice of intended distribution of estate

Unlike the Notice of Intended Application for a grant of representation, publication of a Notice of Intended Distribution of Estate is not mandatory. Executors or administrators may choose to publish a Notice of Intended Distribution of Estate because it may, in certain circumstances, offer protection from personal liability in future claims about which he or she had no knowledge prior to distributing the estate.

To publish a Notice of Intended Distribution of Estate you need to complete the following form and file it with the Court by email to ProbateOfficer.NT@nt.gov.au:

Form 88ZF – Notice of Intended Distribution of Estate

Once filed a Notice of Intended Distribution of Estate will be published as soon as practicable on the Supreme Court website as below. Notices of Intended Distribution of Estate are removed from the Supreme Court website two calendar months after publication.