Instructions for Filing Letters of Administration
INSTRUCTIONS FOR FILING LETTERS OF ADMINISTRATION
WITH WILL ANNEXED
The first step is to place notification of your intention to apply for administration in the local newspaper which is the NT News for Darwin. The address where creditors are required to send particulars of their claims must be in the Northern Territory.
After 14 days from date of publication of advertisement the application may be filed at the Supreme Court. 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.
A search of the index of wills at the Public Trustee's Office and of the index cards at the Supreme Court must be made on the day you intend to file the application. The telephone number of the Public Trustee's Office is (08) 89 997271.
You may have all affidavits sworn at the Supreme Court Registry when filing the application.
The back sheet of all documents has to state the applicant’s name and address (the address must be in the Northern Territory) and phone number. If the applicant resides interstate then the address must be care of an agent in the NT.
Consent to Administration must be signed by a relative living in the Territory who is entitled but is not applying for a grant of administration. The Affidavit of Witness to Consent is sworn by the person who witnessed the consent being signed. We only need Consent to Administration from relatives living in the Territory such as mother, father, brother, sister etc.
Any queries please contact Anne O'Rourke, Probate Officer on
(08) 89 996562.
PLEASE DO NOT STAPLE THE DOCUMENTS BUT INSTEAD USE A PAPER CLIP
THE DOCUMENTS TO BE FILED ARE:
1. APPLICATION.
2. ORIGINAL WILL.
3. AFFIDAVIT OF DEATH PLUS THE ORIGINAL CERTIFIED COPY OF THE DEATH CERTIFICATE AND A COPY OF IT.
4. AFFIDAVIT OF APPLICANT.
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 in the margin of the inventory as well as in the places marked for signature.
6. AFFIDAVIT OF PUBLICATION AND SEARCH PLUS THE WHOLE PAGE OF THE NT NEWS SHOWING THE ADVERTISEMENT AND DATE IT WAS PUBLISHED.
7. OATH OF OFFICE.
8. RENUCIATION OF PROBATE
9. CONSENT TO ADMINISTRATION AND AFFIDAVIT OF WITNESS
TO CONSENT. (Only required if the next of kin resides in the NT)
10. LETTERS OF ADMINISTRATION WITH THE WILL ANNEXED.
We require three copies of this document with a copy of the will attached to each.
If the deceased died more than six months ago then an Affidavit Of Delay will be required giving reasons for the delay.
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
Registry Office
Probate Kit
After Letters of Administration With The Will Annexed have 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 administrator (or as the case may be)(name) at (address of administrator ) (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 administrator (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. Letters Of Administration With The Will Annexed were granted in the Territory on (date).