ACT Probate: Fees, Family Provision Deadline & Intestacy

The Australian Capital Territory grants probate through the Supreme Court of the ACT probate registry, while contesting a will falls under the separate Family Provision Act 1969 (ACT), which requires an eligible applicant to apply within 6 months of the grant, not the date of death.

Information last verified on 20 July 2026. This page presents general legal information about the Australian Capital Territory, not legal advice.

Jurisdiction scope: This page covers wills, probate, intestacy and family provision law in the Australian Capital Territory only, under the Wills Act 1968 (ACT), the Administration and Probate Act 1929 (ACT) and the Family Provision Act 1969 (ACT). It does not cover the other Australian states and territories, each of which runs its own succession Acts, deadlines and fees; see the comparison section below. This is general legal information, not advice on a specific estate.

Applying for probate in the ACT

An executor named in a will applies for a grant of probate through the Supreme Court of the ACT. The Registrar has statutory authority under the Administration and Probate Act 1929 (ACT) to grant probate, or letters of administration where there is no valid will or no executor able to act, once the prescribed forms and a supporting affidavit are filed and the fee is paid. Before filing, the applicant must publish a notice of intention to apply on the Supreme Court's website, not less than 14 days and not more than 3 months beforehand, a requirement since 1 March 2022. The application can be made personally or through a legal practitioner, and once the grant issues, the executor can deal with the deceased's bank accounts, superannuation and real property.

Which application to make depends on the circumstances: probate where a valid will names an available executor, letters of administration with will where no executor can act, or letters of administration without a will where the deceased left no valid will (the intestacy rules below then apply). A grant already issued interstate instead uses a reseal of the foreign grant. The ACT has no statutory small-estate exemption: even a modest estate in the nil fee tier still generally needs a grant before assets can be transferred. See how to apply for probate in Australia for the national overview.

Probate fees in the ACT

Probate fees in the ACT are set by the Court Procedures (Fees) Determination 2026 (DI2026-112, item 1203) and are tiered by the estate's gross sworn value, effective 1 July 2026, ranging from nil under $50,000 up to $2,961 for estates of $1,000,000 or more (see the table below). These figures rose from $1,124, $1,420, $2,147 and $2,859 respectively in FY2025-26. The nil fee is a waiver on the filing fee only. It is not an exemption from needing a grant, and it does not mean a small estate can skip the Supreme Court process described above. To estimate the fee for a specific ACT estate value, use the ACT probate fee calculator.

Contesting a will in the ACT: family provision claims

A person who believes a will, or the intestacy rules, did not make adequate provision for them can apply to the Supreme Court of the ACT for a family provision order under the Family Provision Act 1969 (ACT), a standalone Act separate from the Administration and Probate Act 1929. Section 9(1) requires the application within 6 months after the grant of probate or administration, not 6 months from death. The court can extend this under section 9(2), but section 9(4) bars an extension once the estate has been lawfully and fully distributed. Because the clock starts at the grant, not death, a person considering a claim should act promptly. See contesting a will in Australia for how this deadline compares nationally.

Section 7 limits who may apply: a partner; a person in a 2-year-plus domestic relationship with the deceased; a child; a stepchild, only if maintained by the deceased before death; a grandchild, only in limited circumstances such as a predeceased or non-maintaining parent; and a parent, only if maintained by the deceased or if no partner or children survive. The Supreme Court decides whether the will, or the intestacy distribution, leaves adequate provision for the applicant's proper maintenance, education or advancement in life. Meeting a category is only the threshold to apply, not a guarantee of any outcome.

Dying without a will in the ACT: intestacy

A person who dies in the ACT without a valid will is intestate, and the estate is distributed under Schedule 6 of the Administration and Probate Act 1929 (ACT). A partner with no surviving children takes the whole estate. A partner with children takes the whole estate if it is worth $200,000 or less; above that, the partner takes the first $200,000 plus 8% per annum interest from death, plus a further share (half with one child or that child's issue, a third otherwise), with the remainder to the children. Without a surviving partner or children, the estate passes to a parent, then next of kin, and only to the Territory if none is found.

Making a valid will in the ACT

A will made in the ACT is governed by the Wills Act 1968 (ACT). Section 9 requires a will to be in writing and signed by the testator, or by another person in the testator's presence and at their direction, with that signature made or acknowledged before 2 or more witnesses present together, and at least 2 of those witnesses must then sign in the presence of the testator and each other. A will made by a person under 18 is generally not valid, unless the person is or has been married or in a civil union, or the Supreme Court has authorised it under section 8A. Section 11A gives the court a dispensing power: a document lacking these formalities can still be treated as a valid will, amendment or revocation, if the court is satisfied the deceased intended that effect. The Act was amended in 2026; a legal practitioner can confirm the version in force.

Enduring power of attorney in the ACT

An Enduring Power of Attorney (EPA) in the ACT is made under the Powers of Attorney Act 2006 (ACT). Unlike jurisdictions requiring a separate instrument for personal and health matters, an ACT EPA can appoint an attorney over property, personal care, or both, in one document, depending on how the principal completes it. An EPA continues even if the principal later loses decision-making capacity, unlike an ordinary power of attorney. Registration is generally only required where the attorney will deal with land. A person considering an EPA should get independent advice from a legal practitioner admitted in the ACT, since the scope of authority depends closely on how the document is drafted.

How does the ACT compare to other states and territories?

The ACT's 6-month, grant-triggered deadline is shared with South Australia (Succession Act 2023 (SA) s 118(1)) and Victoria (Administration and Probate Act 1958 (Vic) s 99(1)); see South Australia probate and Victoria probate. The Northern Territory allows longer, a 12-month deadline still running from grant rather than death (Family Provision Act 1970 (NT) s 9(1)); see Northern Territory probate. New South Wales and Queensland run their deadlines from the date of death instead, so an ACT timeline should never be applied to a claim in those states. The ACT is also unusual in having no statutory small-estate shortcut, where SA, Victoria, Tasmania and the NT each offer a limited simplified process. See the Australia wills and probate hub for the national picture.

ACT wills and probate: key figures at a glance

This page is general legal information about wills, probate, intestacy and family provision in the Australian Capital Territory, verified on 20 July 2026. It is not legal advice; how these rules apply depends on the facts of a particular estate. For advice, consult a legal practitioner admitted in the ACT. See also how to apply for probate in Australia, contesting a will in Australia, and the Australia wills and probate hub.

Frequently Asked Questions

How long do I have to contest a will in the ACT?

Generally 6 months from the date of the grant of probate or administration (Family Provision Act 1969 (ACT) s 9(1)), not 6 months from death. The court can extend this in limited circumstances, but never after full distribution.

How much does probate cost in the ACT?

The FY2026-27 fee (DI2026-112, item 1203) is tiered: nil under $50,000, $1,164 to under $250,000, $1,471 to under $500,000, $2,224 to under $1,000,000, and $2,961 for $1,000,000 or more.

Is there a small-estate exemption from probate in the ACT?

No. An estate in the nil fee tier still generally needs a grant before assets can be transferred; the nil fee only waives the filing fee, and the ACT has no other small-estate shortcut.

Who can apply for family provision in the ACT?

A partner, a 2-year-plus domestic partner, a child, a maintained stepchild, certain grandchildren, and, in limited circumstances, a parent (Family Provision Act 1969 (ACT) s 7).

What happens if someone dies without a will in the ACT?

A partner with no children takes everything; a partner with children takes the first $200,000 plus 8% interest from death, plus a further share, with the rest to the children (Sch 6, Administration and Probate Act 1929 (ACT)).

Does a will in the ACT have to be witnessed?

Yes. Section 9 of the Wills Act 1968 (ACT) requires the signature made or acknowledged before 2 witnesses present together, who then sign in the presence of the testator and each other.