INFORMATION RE DOCUMENTS TO BE FILED

FOR GRANT OF PROBATE

The first thing you have to do is place an advertisement in the NT News in the Legal Notices section – see copy of draft advertisement with enclosed forms. It may be advertised on any day of the week except Sunday and only has to appear once.

The probate documents cannot be lodged until two weeks have elapsed from the date of the advertisement.

Before coming to the Supreme Court to lodge the application, you must go to the Public Trustee’s office (Tel no: 89997271) to check that they do not have a will made out by the deceased, even if you know that they do not have one it is still a requirement as you will be swearing on oath that you have done so.

There is a Supreme Court fee for the filing of the documents plus a file search fee –please contact the Registry to confirm the current filing fee amount.Cheques are to be made payable to RTM.

You may swear all the affidavits at the time of lodging the application or in front of a qualified witness such as a Justice of the Peace if you reside outside the Northern Territory.

The back sheet of all documents has to state the applicant’s name, address and telephone number which must be in the Northern Territory. If the applicant resides interstate then the address must be care of an agent in the NT.

If the deceased’s address and or occupation are different from that which is stated in the will it must be shown in all your documents.

For example:

The will states:

JOHN PETER SMITH of 10 Little Street Campbelltown in the State of New South Wales, Labourer

and at time of death he lived in Darwin and was an Electrician

then you would put

JOHN PETER SMITH late of 1 Brown StreetDarwin in the Northern Territory of Australia but formerly of 10 Little Street Campbelltown in the State of New South Wales, Electrician formerly Labourer.

This also applies to the executor if his or her address is different from that which is shown in the will.

Please note that the original will should never be taken apart for any reason such as photocopying. It must always remain intact. If the pages of the will have been separated, then the executor must give his or her reasons why, by adding an extra paragraph to the Affidavit of Executor.

THE DOCUMENTS TO BE FILED ARE:

  1. APPLICATION.
  1. THE ORIGINAL WILL. (The executor and witness to the affidavits must sign in the margin of each page)

Do not attach the original will to any document.

  1. AFFIDAVIT OF DEATH (the original certified copy of the death certificate is required plus a copy)
  1. AFFIDAVIT OF EXECUTOR.
  1. AFFIDAVIT OF ASSETS AND LIABILITES. (In the Inventory of Property you must put the address of the real estate; name of bank, account number and branch; name of company re life insurance, superannuation and shares; make, model and registration number of the motor vehicle;)

When swearing the Affidavit of Assets and Liabilities, the Deponent and witness must sign in the margin of the Inventory as well as in the places marked for signature.

  1. AFFIDAVIT OF PUBLICATION AND SEARCH plus the whole page of the NT News showing the advertisement and the date it was published.
  1. OATH OF OFFICE.
  1. PROBATE. three copies of this document are required and each one has to have a copy of the will attached. The copy of the will does not have to be a certified copy.
  1. If the deceased died more than six months ago, then an Affidavit of Delay will be required giving reasons for the delay.

Type names of all persons in capitals not addresses.

Please do not staple the documents but instead use a paper clip.

The forms are also on the internet and the web site is:

For any general queries, please call the Probate Officer on (08) 89996562 (Darwin) or (08) 8951 5727 (Alice Springs).

PLEASE NOTE: Administrative Court staff are not permitted to provide legal advice and it is recommended that you seek the services of a qualified and independent legal professional to ensure the proper finalisation of any estate.

After probate has been granted it is advisable that you

Advertise the fact in the Legal Notices Section of the NT News – see draft copy of advertisement. This is not compulsory.

NOTICE OF INTENDED DISTRIBUTION OF ESTATE

Any person having a claim upon the estate of (name in capitals) late of (place)(occupation) who died on (date) must send particulars of his claim to the executor (or as the case may be)(name) at (address of executor) (or care of name of solicitor, solicitor, address, and, where applicable, or their agents, name, address) within 2 calendar months from publication of this notice. After that time the executor (or as the case may be) may distribute the assets of the estate having regard only to the claims of which at the time of distribution he has notice. Probate was (or Letters of Administration were)granted in the Territory on (date).

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