Letters of Administration in ACT

No executor. A clear path forward.

Letters of Administration in Australian Capital Territory are lodged through the Supreme Court of the Australian Capital Territory. Willed Law can confirm who can apply, prepare the paperwork, and lodge it for a fixed fee.

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State guide

What Letters of Administration mean in Australian Capital Territory.

When someone dies without a valid Will, there is no executor named to manage the estate. Letters of Administration are the court order that appoints an administrator to step into that role.

In Australian Capital Territory, the application is made to the Supreme Court of the Australian Capital Territory and is governed by the Administration and Probate Act 1929 (ACT). The court may need proof of relationship, beneficiary consents, and other evidence before issuing the grant.

If there is a valid Will and an executor can act, the usual path is probate in Australian Capital Territory instead.

ACT details

Eligibility, fees, forms, and timing.

The court process varies by state. These notes cover the practical details administrators usually need before they lodge.

ACT Letters of Administration: Quick Reference

Court Fees

Nil – $2,859

Based on estate value

Timeline

8–14 weeks

Standard applications

Notice Period

14 days – 3 months

Min / max window

Admin Bond

May apply

Court may dispense

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.

Gross Estate Value Filing Fee
Less than $50,000Nil
$50,000 – $249,999$1,124
$250,000 – $499,999$1,420
$500,000 – $999,999$2,147
$1,000,000 or more$2,859

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.

Note: Fees are set by the Supreme Court of the ACT and are typically updated on 1 July each year. Fees shown are current as of 1 July 2025. Always confirm current fees with the court before lodging your application.

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.

Note: Delays may occur if documents are incomplete, if an administration bond needs to be arranged, or if there are disputes among potential beneficiaries.

How it works

Three simple steps.

  1. Start with a free call.

    Willed Law spends about 20 minutes understanding the estate, the family situation, and who is entitled to apply.

  2. Willed Law prepares and lodges.

    Your solicitor works through the intestacy rules, prepares the evidence, and lodges with the Supreme Court.

  3. The grant is issued.

    You receive Letters of Administration and the authority to deal with banks, super funds, property registries, and other asset holders.

Talk it through

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Top questions about Letters of Administration in Australian Capital Territory

See all FAQs
What are Letters of Administration?

Letters of Administration is a court order made by the Court which allows the Administrator (the person who is appointed by the court) to distribute the assets of the deceased who died without a valid will.

Who applies for Letters of Administration?

If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who:

  • can apply for Letters of Administration; and
  • receives the assets of the deceased’s estate.

This is known as the 'rules of intestacy'.

The grant of administration is usually made to the deceased's 'next of kin', which is the deceased's closest relative.

The Court will usually grant administration to the following ‘next of kin’ (in order of priority):

  • the spouse or de facto spouse of the deceased;
  • spouse and children;
  • children;
  • parents;
  • brothers and sisters;
  • grandparents;
  • aunts and uncles; or
  • any other person the Court thinks fit.

How long do Letters of Administration take?

In general, obtaining Letters of Administration will take approximately 8 to 15 weeks from the date the application for Letters of administration was filed with the Court (depending on the Courts backlog of applications).

How long do you have to apply for Letters of Administration?

Time is of the essence when it comes to Letters of Administration applications. You must submit your LOA application within six months of the deceased person’s death.

If you’re filing outside of this time frame, you will need to provide satisfactory reasoning as to why you’ve deferred your application. The bottom line is that delaying an application is a potential cause for a range of related complications depending on the circumstances.

We strongly recommend submitting your LOA applications as soon as possible to avoid any unnecessary issues.

What happens if a Will is discovered later?

If a Will is discovered following the grant of Letters of Administration, the appointed Executor must be informed, and the original granted order will be revoked.

In most cases, the Supreme Court will grant Probate to the rightful Executor outlined in the newly discovered Will with the administration of the estate proceeding as intended by the Will-maker.

Does it cost to file Letters of Administration?

There are costs and fees associated with filing for Letters of Administration as there are with many legal services. These costs or expenses vary between states and are also largely affected by the contents, value and overall nature of the estate.

Contact us today to discuss fees and costs involved with filing a Letters of Administration application to your local state’s court and registrar.

What happens to the deceased’s estate if there is no Will?

If there is no Will or an existing will is determined no longer valid, different states and territories will have different laws in this regard.

Generally speaking, state legislation and its respective rules of intestacy usually (but not always), dictate that an intestate death means the estate will be transferred to the next of kin, such as a spouse or children under these types of circumstances.

Please review your local state’s Successions Act or other legislation for specific rules and details.

What is the difference between Probate and Letters of Administration?

Probate is issued by the Court to the Executor(s) named in the Will of the individual who has passed away.

Letters of Administration is a grant by the Court to a person other than a named executor or executors such as a close relation of the individual who passed away because the individual passed away without a Will (intestate), did not name an executor in a valid will or the Executor is unwilling or unable to act.

Letters of Administration services in other states

NSW New South Wales VIC Victoria QLD Queensland SA South Australia WA Western Australia TAS Tasmania NT Northern Territory

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Plain-English answers to common questions about intestacy and the grant process.

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