Many families own property in more than one part of Australia: a home in Melbourne, a holiday unit in Hobart, an investment flat in Adelaide or Canberra, or land in Darwin. When someone dies, each state or territory where they held assets has its own Supreme Court and its own probate procedure. A grant from one jurisdiction does not automatically work in another.
This guide gives an overview of probate in South Australia, Tasmania, the Australian Capital Territory and the Northern Territory: how to apply, the notice rules, typical timeframes and what overseas executors should expect.
Common ground across all four
- When probate is needed. A grant is usually needed for real estate in the deceased’s sole name or held as tenants in common, and for larger bank or share holdings. Property held as joint tenants generally passes to the survivor without a grant.
- Who applies. The executor named in the Will applies for probate. If there is no Will or no executor able to act, someone else applies for letters of administration.
- Original documents. The court keeps the original Will, so take copies first.
- Other grants. If a grant has already been made in another Australian state, it can usually be resealed rather than starting again. Overseas grants can only be resealed if they come from a country the local law recognises, and many Asian countries do not qualify.
Probate in South Australia
South Australia’s Succession Act 2023 commenced on 1 January 2025 and now governs Wills, intestacy and family provision in that state.
- Applying online. Probate applications are lodged through the CourtSA online portal, either personally or through a lawyer. CourtSA generates the draft grant and a statement of assets and liabilities from the information you enter. There is currently no separate executor’s oath.
- Disclosing assets. All assets and liabilities at the date of death must be disclosed, including interstate assets and, where the deceased lived in Australia, overseas assets. Real estate values must come from the Valuer-General or a licensed valuer.
- Original Will and identity. The applicant marks the original Will before an authorised witness, and the original is then delivered to the Probate Registry in person or by registered post. Self-represented applicants also complete a certificate of identity.
- Translations and domicile. Supporting affidavits are needed for matters such as a translation of a Will. If the deceased was domiciled outside Australia, extra steps apply, including proving domicile, and only Australian assets are disclosed.
- Timeframe. The Courts Administration Authority says a straightforward, correctly lodged application should be granted in under four weeks.
- Small estates. Under the 2023 Act, a bank or other holder of up to $15,000 in cash or personal property (as at October 2026) can pay it directly to the surviving spouse, partner or child without a grant.
- Family provision. A claim must be made within six months after the grant. The court can extend this only if the estate has not been fully administered.
Probate in Tasmania
- Notice of intention. The applicant prepares a notice of intention to apply for a grant (Form 2) and emails it to the Probate Registry, which publishes it on the Supreme Court of Tasmania website. The application can be filed after 14 days from publication.
- Documents. The application for grant (Form 4), affidavit in support (Form 5) with a copy of the published notice attached, an inventory of assets and liabilities (Form 10), the original Will with a photocopy, and the original death certificate.
- Filing. Applications are filed with the Probate Registry in Hobart, in person or by post. Registered post is recommended.
- Checking drafts. For a fee, the Registry offers a provisional assessment of draft documents before they are signed.
- Family provision. Under the Testator’s Family Maintenance Act 1912, a claim must be started within three months after the grant, although the court can extend time. This is one of the shortest periods in Australia, so executors and family members should act quickly.
Probate in the Australian Capital Territory
- Notice on the court website. Since 1 March 2022, a notice of intention to apply must be published on the ACT Supreme Court website, using the court’s probate notice online form. It must be published at least 14 days, and no more than three months, before the application is filed.
- Documents. For probate: an originating application (Form 3.1), the grant in duplicate with a copy of the Will attached to each (Form 3.4), the applicant’s affidavit (Form 3.11), an affidavit of search (Form 3.14) and the original Will, plus a renunciation (Form 3.15) if a co-executor will not act.
- Decision on the papers. A Registrar decides the application without a hearing.
- Reseal. A grant from another state or territory can be resealed in the ACT using a separate set of forms, after the same notice process.
Probate in the Northern Territory
- Notice. The applicant files a notice of intended application (Form 88B) by email with the Probate Officer, and it is published on the Supreme Court website. Newspaper publication is no longer required. The notice must be published for 14 days before the application is filed.
- Searches. The applicant asks the Public Trustee to search its index of Wills and asks the Probate Officer to search court records, then confirms both in an affidavit of publication and search.
- Electronic filing. All documents, including the affidavits, an affidavit of assets and liabilities, the proposed grant and an electronic copy of the Will, are emailed to the Probate Officer as separate PDFs. The application is not filed until the court fee is paid.
- Delay. If the application is made more than six months after death, an affidavit explaining the delay is required.
Family provision time limits in the ACT and NT
In both territories, the time to bring a family provision claim runs from the date of the grant, not the date of death, and the periods differ between them. Because these limits can be short and the courts treat late claims cautiously, family members and executors should get advice as soon as a grant is made.
Practical steps if you are dealing with one of these estates
- Work out where each asset is and how it was held, and whether a reseal of an existing grant is enough.
- Secure the original Will and obtain the original death certificate.
- Publish any required notice and diarise the 14-day period (Tasmania, ACT, NT).
- If you are overseas, arrange for a notary or Australian consulate to witness your affidavits, and allow time for originals to travel.
- Note the family provision deadline, which in these jurisdictions runs from the grant.
- Get tax advice before selling property, noting that Australia’s capital gains tax rules change from 1 July 2027.
Frequently asked questions
How do I apply for probate in South Australia?
You lodge the application online through CourtSA, which prepares the draft grant and statement of assets and liabilities. The marked original Will must then be delivered to the Probate Registry. A straightforward application is usually granted in under four weeks.
Where are probate notices published in Tasmania, the ACT and the NT?
In all three, the notice is published on the relevant Supreme Court’s website rather than in a newspaper. You must wait 14 days after publication before filing. In the ACT the notice must also be no more than three months old.
Do I need a separate grant if the deceased owned property in two states?
Usually a grant in the main state can be resealed in the second state, which is simpler than a fresh application. Each state where real estate is held needs either its own grant or a reseal.
Can an executor living overseas apply for probate in these states?
Yes. Affidavits are sworn before an authorised person overseas, such as a notary public or Australian consular officer, and the originals are sent to the registry. Many overseas executors ask an Australian lawyer to manage the filing.
How Chua Tan Associates can help
We assist families whose estates include property in South Australia, Tasmania, the ACT or the Northern Territory, often alongside assets in Victoria and overseas. We coordinate grants and reseals across states so that the steps happen in the right order, prepare the notices and applications, and help executors abroad arrange for documents to be properly signed and witnessed. Our notary public can assist with documents for use overseas, and we work with local lawyers in Asia where assets are held there. We advise in English, Mandarin and Cantonese.
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Chua Tan Associates acts for families, executors, trustees and their professional advisers in estate planning, estate administration and estate disputes in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice.
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