Online probate notifications have commenced in the ACT.
A named executor or administrator, as the legal personal representative of the deceased estate, has the responsibility to account for the assets and liabilities of the estate before distributing them by the terms of the Will.
In some cases, the estate assets may be released to the named legal personal representative of the estate, however to release certain assets a grant of probate must be obtained.
The legal personal representative commences an application in the probate list of the ACT Supreme Court. Until recently this required publication of a Notice of Intention to Apply in a daily newspaper circulating generally in the ACT. The notice is required to list the identity of the deceased, the date of death, and the date of the will. An application for probate is filed with the Court at least 14 days after this notice is published.
The ACT Supreme Court has amended the Court Procedures Rules 2006 (ACT), to introduce online probate notifications for:
- a grant of probate;
- a grant of letters of administration, on intestacy or with a will attached;
- a reseal of a foreign grant.
Notices of Intention to Apply for a grant must now be published by completing the online form on the ACT Supreme Court website, not less than 14 days and not more than 3 months before the day the application is filed in Court.
The fee for publishing a notice is set out on the ACT Supreme Court website. A unique reference code is generated in the receipt from the online advertisement.