How to Apply for Probate in the ACT (Canberra): Step-by-Step Guide

Have a question about this? Ask the Guide → the chat widget at the bottom-right of this page can answer it. Reading time: 6 minutes | The Executor’s Guide — Plain English. Step by step. Written for the person who just found out.

In the Australian Capital Territory, probate is granted by the Supreme Court of the ACT. The ACT process closely mirrors NSW and follows a sequential application with an advertising requirement and a waiting period. This guide covers the full process.

Do You Need Probate in the ACT?

Probate is required when: the deceased owned real property in the ACT in their sole name; a financial institution requires it to release estate funds (most ACT banks require probate for sole accounts above approximately $50,000); or the estate includes solely held shares or managed investments. When all significant assets pass by survivorship or superannuation is paid to a nominated beneficiary, probate may not be required.

Step 1 — Advertise Your Intention to Apply

Before lodging, you must advertise your intention to apply for probate. Advertise through the ACT Law Courts online notices system at courts.act.gov.au, or by publishing in a newspaper circulating generally in the ACT. After publication, you must wait the required statutory period (typically at least 14 days in most states) before lodging your application with the court.

Step 2 — Prepare Your Application Documents

• The original will (not a copy)
• Certified copy of the death certificate
• Affidavit of Executor — a sworn or affirmed statement confirming your identity, your role as executor, that the will is valid, and that the deceased died domiciled in the ACT
• Inventory of Assets and Liabilities — all assets valued at date of death, and all liabilities
• Evidence of the advertisement (copy or confirmation of the published notice)
• Filing fee (calculated on the gross estate value — check current fees at courts.act.gov.au)

ACT probate forms and a self-represented applicant guide are available at courts.act.gov.au. The court’s registry staff can answer procedural questions but cannot give legal advice.

Step 3 — Lodge With the ACT Supreme Court

Court address: Supreme Court of the ACT, London Circuit, Canberra City ACT 2601.
Phone: (02) 6207 1630.
Hours: Monday to Friday, 9:00am to 4:00pm.
Online: courts.act.gov.au

Step 4 — Processing Time and Grant

The ACT Supreme Court typically processes uncomplicated probate applications within 4 to 8 weeks. If the court requires corrections, they will issue a requisition — respond promptly. Once satisfied, the court issues the Grant of Probate. Obtain certified copies (6 to 10 minimum) and use these with financial institutions, the ACT Land Titles Office, share registries, and other asset holders.

Resealing — Property in Other States or Territories

If the deceased held property in both the ACT and another Australian jurisdiction (for example, a property in NSW), the ACT Grant of Probate must be “resealed” in the other state’s Supreme Court before it can be used there. This is a separate application. If cross-border property is involved, consider engaging a solicitor in the relevant state.

When to Engage a Solicitor

The ACT Law Society (lawsocietyact.asn.au) provides solicitor referrals. Engage an ACT solicitor when: the will is contested; the estate involves complex property or business interests; assets exist across multiple jurisdictions; or the estate is insolvent.

The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. Always verify current ACT Supreme Court requirements and fees at courts.act.gov.au before lodging your application.

Related guides

• Do I Need Probate? A Plain-English Guide
• What Is an Executor?
• Executor Duties in Australia: The Complete Legal Guide
• What to Do When Someone Dies in Australia