Letters of Administration in Australian Capital Territory

Court Filing Fees

The Supreme Court of the Australian Capital Territory charges filing fees for Letters of Administration based on the gross value of the estate. The fees are the same as for probate applications.

Additional Costs

• Public notice / advertising fee: $61

Administration Bond

In the ACT, the court may require the administrator to provide an administration bond. The bond is typically set at the gross value of the estate. The court has discretion to reduce the amount or dispense with the bond entirely, particularly where all persons entitled under the intestacy consent and are of full age and legal capacity.

Who Can Apply for Letters of Administration in the ACT

Under the Administration and Probate Act 1929 (ACT), the following persons may apply for Letters of Administration, in order of priority:

1. Surviving spouse or domestic partner

   The surviving spouse or domestic partner of the deceased has first priority to apply.

2. Children of the deceased

   If there is no surviving spouse or domestic partner, the deceased's children may apply.

3. Parents of the deceased

   Parents may apply if there is no surviving spouse or children.

4. Siblings of the deceased

   Brothers and sisters may apply if no higher-priority applicant is available.

5. Grandparents of the deceased

   Grandparents may apply in the absence of closer relatives.

6. Aunts and uncles of the deceased

   Extended family may apply if no closer relatives are available or willing.

7. Any other next of kin

   More distant relatives may apply if no closer relatives are available.

8. Any person the court considers appropriate

   The court may appoint any person it considers suitable in the circumstances.

If the person with the highest priority does not wish to apply, they must file a formal renunciation of their right to apply.

The Application Process in the ACT

The application process involves the following steps:

1. Obtain the death certificate

   You will need an official death certificate from Access Canberra (ACT Births, Deaths and Marriages).

2. Identify the estate assets and liabilities

   Compile a comprehensive inventory of all assets and liabilities of the deceased.

3. Complete the required court forms

   Prepare the application for a grant of letters of administration, the supporting affidavit, and the schedule of assets and liabilities.

4. Publish a notice of intention

   Since March 2022, all notices of intention to apply must be published exclusively on the ACT Supreme Court website not less than 14 days, and not more than 3 months, before filing.

5. File the application

   Lodge the completed documents with the Probate Registry of the Supreme Court of the ACT.

6. Court processing

   The Probate Registry reviews the application and, if satisfied, issues the grant without a hearing.

Distribution of the Estate

Once the grant is issued, the administrator must distribute the estate according to the intestacy rules set out in the Administration and Probate Act 1929 (ACT). The surviving spouse or domestic partner generally receives a statutory legacy and a share of the residuary estate, with the remainder distributed to children and other eligible relatives.

Required Forms for Letters of Administration in the ACT

The following forms are required for a Letters of Administration application in the ACT:

• Application for Grant of Letters of Administration: The primary court document initiating the application.
• Affidavit in Support of Application: A sworn statement by the applicant confirming the death, the intestacy, the applicant's relationship to the deceased, and their entitlement to apply.
• Schedule of Assets and Liabilities: A detailed inventory of all estate assets and liabilities with estimated values.
• Affidavit of Search (Form 3.14): A sworn statement confirming searches conducted for the deceased's will and testamentary documents.
• Notice of Intention to Apply: Published as required not less than 14 days, and not more than 3 months, before filing.
• Renunciation: If a person with higher priority has renounced their right to apply.
• Administration Bond: If the court requires a bond, the bond form and surety documentation must be completed.
• Consent of Beneficiaries: Written consents from persons entitled under the intestacy, which may assist in dispensing with the bond.

Forms can be obtained from the ACT Courts website. All affidavits must be sworn or affirmed before a justice of the peace, solicitor, or other authorised witness.

Processing Times for Letters of Administration in the ACT

The timeline for obtaining Letters of Administration in the ACT is generally as follows:

• Preparation of documents: 1 to 3 weeks, depending on the complexity of the estate.
• Publication of notice: Not less than 14 days, and not more than 3 months, must pass between publishing the notice and filing the application.
• Court processing: The Probate Registry typically takes 6 to 10 weeks to process an application after filing.
• Total estimated timeframe: 8 to 14 weeks from start to grant.