Probate Application Northern Territory
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Disclaimer: Probate Consultants is not a legal practice. Information on this website about the law on any subject is general in nature and is intended to provide an outline only. It is not comprehensive, nor does it constitute legal or financial advice.
Probate and Letters Of Administration NT |
Probate Consultants
Applying for Probate in the NT or Letters of Administration in the NT is often one of the first steps you will take when dealing with the estate of a loved one who has passed away. Together these are known as Grants of Representation, and although there is no legal requirement that you must obtain a Grant before dealing with a deceased person’s estate, many asset-holders will request Probate or Letters of Administration before releasing assets.
Probate applications in the NT and Letters of Administration applications in the NT can be completed as a self-represented applicant (SRA) or by a Lawyer.
Probate Consultants empower SRAs to apply for Grants of Probate and Letters of Administration (LOA) by providing specialist guidance and support. We do not currently operate in the NT, however, hope to offer our services in the future.
Whilst we cannot yet assist SRAs in applying for a Grant of Probate in the NT or Letters of Administration in the NT, we still want to provide quality information that is relevant, practical and accessible. We are passionate about helping people get through their most trying times and hope that the content on our website makes this legal process a little easier for you and your family.
Applying for Probate and Letters of Administration in the Northern Territory
Applying for Probate and Letters of Administration in the Northern Territory consists of the following:
The Probate Consultants difference –
Why we are Australia’s most trusted Probate service.
Probate Consultants cater to the needs of each individual client, rather than treating every situation the same. We work around your needs and prioritise your experience throughout the application process.
You will only ever deal with one person at Probate Consultants – your dedicated consultant. They guide you through the entire application process, from initial consultation to the Grant being issued.
With same-day responses to all calls and emails, you will always feel heard, understood and fully informed. And don’t worry, there are no extra charges!
Our innovative and seamless application process ensures Fast turnaround times for Grants of Probate and Grants of Letters of Administration.
Our stellar client reviews say it all. With over 320 Five-Star Reviews on Google, Probate Consultants is Australia’s highest rated Probate and Letters of Administration solution.
This is what some of our clients say about their experience using our service:
Frequently Asked Questions
Note: The information provided is general in nature and is intended to offer an outline only. It is not comprehensive, nor does it constitute legal advice.
Probate in the NT is a legal process where the Supreme Court certifies that:
- A person has passed away (the deceased).
- The deceased left a valid Will.
- The executor(s) named in the Will have the authority to administer and finalise the deceased’s estate.
- This includes all property, assets and any debt.
A Grant of Probate in the NT is a legal document issued to the executor(s) of a valid Will by the Supreme Court. It is proof of an executor’s legal right to administer and finalise a deceased person’s estate (deceased estate).
You apply for a Grant of Probate in the NT by completing the following steps:
- Electronically filing a Notice of your intention to apply with the Registry of the Supreme Court of the NT.
- If you do not wish to file this Notice electronically, it will need to be published in at least 1 Darwin daily newspaper and a second local newspaper if the deceased lived more than 200km from Darwin’s General Post Office.
- Completing the application forms and signing them in the presence of an authorise witness.
- Contacting the Public Trustee’s Office to check if the deceased person deposited a Will with them.
- Lodging the duly executed application with the Supreme Court by email.
- This can only be done once the Notice has been published for 14 clear days.
The cost involved in applying for Probate in the NT depends on the way in which you choose to apply.
There are 3 main ways to apply for a Grant of Probate in the Northern Territory:
- Prepare the application yourself as an SRA
- Instruct a lawyer to act on your behalf
- Authorise a Trustee Company to act as the executor
Applying Yourself
If you apply for Probate yourself as an SRA the only costs involved are:
- $33 Fee for searching the Court’s Probate records
- The Filing Fee of $1,402 paid to the Supreme Court of the NT when lodging the application.
Solicitors
There is no standard cost that solicitors charge for preparing Probate applications. Fees vary from practitioner to practitioner and practice to practice.
When considering a price quote from a Solicitor, ensure the following has been included:
- GST
- Filing Fee
- Costs & Disbursements
All Probate applications in the NT are lodged online. The application documents are filed electronically by emailing the Supreme Court.
In the NT, Probate is usually granted within 28 days once the application is lodged.
Probate applications can only be lodged once a Notice of Intended Application for Probate has been published on the Supreme Court website for 14 days.
The whole Probate process take between 5 – 6 weeks in the Northern Territory.
In the NT, Grants of Probate are usually issued within 28 days once the application has been lodged.
You can apply for Probate yourself in the NT as an SRA by:
- Electronically filing a Notice of Intended Application for Probate with the Supreme Court.
- Completing the required forms.
- Lodging the Probate application online and providing the Court with the Original Will.
Probate is not always required where there is a Will in the NT. Probate is only required when an asset holder (ie Aged Care Facility, Bank, Share Registry etc) will not allow an executor to deal with an asset unless a Grant of Probate is produced.
Some asset holders will release an asset without requiring a Grant of Probate. In these cases, you will usually need to produce a certified copy of the Death Certificate and Will. You should contact each asset holder to find out whether Probate is required to access the asset.
Probate may also be necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.
Probate is necessary in the NT when an asset holder (Bank, Super Fund, Aged Care Facility, etc) requests a Grant of Probate before allowing an executor access to a deceased person’s assets.
It may also be necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.
You Need A Grant In The Following Situations:
- Seeking the refund of an Accommodation Bond (RAD) from an aged care facility.
- Accessing funds in a bank account over a certain value, usually $50,000.
- Dealing with real estate held solely by the deceased, or as tenants in common.
- Accessing shares over a certain value, usually $50,000.
- Dealing with Superannuation that is payable to the estate.
You can determine whether Probate is required in the NT by:
- Contacting asset holders and asking whether they require a Grant of Probate in order for you to deal with the estate.
- If there are minimal assets, you may only need to produce a certified copy of the Will and death certificate.
- Contacting a Probate Lawyer
Probate is not required in the NT when asset holders will release the deceased person’s assets without the need for a Grant issued by the Supreme Court. There is no legal requirement to obtain a Grant of Probate to administer a deceased estate in the NT.
Please Note: Probate may also be necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.