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.
Please contact the Probate Officer to ask the current filing and search fee for this type of application. Payment may be by cheque (payable to RTM), cash or EFTPOS.
Before lodging the documents and swearing the affidavits it would be best to post the completed forms plus a copy of the will and death certificate to be checked by the Probate Officer to:
The Probate Officer
Supreme Court
GPO Box 3946
Darwin NT 0801
You may swear all the affidavits at the time of lodging the application.
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 Street Darwin 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.
2. THE ORIGINAL WILL. (The executor and witness to the affidavits must sign in the margin of each page) Do not attach the will to any document.
3. AFFIDAVIT OF DEATH (the original certified copy of the death certificate is required plus a copy)
4. AFFIDAVIT OF EXECUTOR.
5. 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 every page.
6. AFFIDAVIT OF PUBLICATION AND SEARCH plus the whole page of the NT News showing the advertisement and the date it was published.
7. OATH OF OFFICE.
8. PROBATE. we require three copies of this document 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.
9. 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.
The forms are also on the internet and the web site is: www.nt.gov.au/ntsc to access the Probate Kit select Supreme Court, then Registry Office and then Probate Kit.
Any queries please call the probate officer Anne O’Rourke on 89996562.
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).