Northern Territory Probate: Fees, Deadlines & Family Provision
In the Northern Territory, probate and letters of administration are granted through the Supreme Court of the Northern Territory's probate registry, and a family provision claim under the Family Provision Act 1970 (NT) must generally be made within 12 months of the grant, not the date of death.
Information last verified on 20 July 2026. This page presents general legal information, not legal advice.
Jurisdiction scope: This page covers wills, probate, intestacy, family provision and enduring powers of attorney in the Northern Territory only. It does not cover any other Australian state or territory, each with its own regime; see the links below. This is general information, not advice on your own estate.
Applying for probate in the Northern Territory
Applying for probate means lodging an application with the Supreme Court of the Northern Territory's probate registry, in Darwin or Alice Springs, under the Administration and Probate Act 1969 (NT). An executor named in a valid will applies for a grant of probate; otherwise an eligible person applies for letters of administration, after first publishing a notice of intention to apply.
For smaller estates the Act offers two shortcuts: section 106 allows a simplified Registrar application up to 20,000 units ($25,000), and section 110A lets a professional personal representative administer an estate up to 70,000 units ($87,500) without any grant. See how to apply for probate in Australia.
How much does probate cost in the Northern Territory?
Probate costs a flat $1,585 for FY2026-27 (a $1,548 filing fee plus a $37 search fee), under the Supreme Court's current schedule. New South Wales, Victoria, South Australia, Tasmania and the ACT tier their fee by estate value; the Northern Territory does not, so every applicant pays the same $1,585.
Some older or third-party sources report a Northern Territory fee of roughly $380 to $400. That figure is materially out of date, understating the current cost by close to four times. Confirm the current fee with the Court before lodging, since fees are indexed and can change each financial year.
Contesting a will in the Northern Territory: the family provision deadline
A person eligible under the Family Provision Act 1970 (NT) who believes a will, or the intestacy rules, did not make adequate provision for them can apply to the Supreme Court for a family provision order. Section 9(1) sets a strict time limit: the application must generally be made within 12 months of the date of the grant of probate or letters of administration. This is a grant-triggered deadline, not a death-triggered one, and should never be confused with New South Wales, which also allows 12 months but counts that period from the date of death instead.
The Court can extend the limit in some circumstances, but not once the estate has been fully and lawfully distributed, so acting well before the deadline matters. Eligible persons include the deceased's spouse or de facto partner and children, among other categories the Act defines. This page does not predict whether an application would succeed; seek advice before the deadline. See contesting a will in Australia.
Dying without a will in the Northern Territory: intestacy and the statutory legacy
A person who dies in the Northern Territory without a valid will is intestate, and the Administration and Probate Act 1969 (NT) sets out who inherits. A surviving spouse or de facto partner has a preferential entitlement, the statutory legacy, ahead of the rest of the estate. The Act expresses this in monetary units, not a fixed dollar amount: 370,000 units with surviving issue (children or grandchildren), or 530,000 units with no issue but a surviving parent or sibling.
For FY2026-27 the unit is valued at $1.25, giving approximate figures of $462,500 and $662,500. These change every 1 July when the unit value resets, so confirm the current value rather than treat these dollar figures as fixed. Where there is no surviving spouse or partner, or the estate exceeds the legacy, the balance passes to other relatives in an order the Act sets.
Making a valid will in the Northern Territory
A person generally must be an adult, or a minor authorised by the Supreme Court in limited circumstances, have testamentary capacity, and comply with the Wills Act 2000 (NT)'s execution requirements: in writing, signed by the testator, and witnessed by two people present at the same time.
Where a document falls short of those formalities but the deceased clearly intended it as their will, section 10 lets the Court dispense with them and admit it anyway. The Northern Territory's version is notably broad, expressly extending to electronic records and sound or image recordings, not only paper documents, wider than several other jurisdictions' dispensing powers. Acceptance is never guaranteed; the Court decides case by case.
Enduring power of attorney in the Northern Territory: the Advance Personal Plan
The Northern Territory does not use a stand-alone enduring power of attorney like most other jurisdictions. Since the Advance Personal Planning Act 2013 (NT) took effect, the standard instrument is an Advance Personal Plan, a single document combining an enduring power of attorney's financial functions with an advance care directive's health functions, made and witnessed as the Act requires.
New appointments can no longer be made under the old regime: Part III of the Powers of Attorney Act 1980 (NT) stopped being available for new appointments after 17 March 2014. An appointment validly made before that date remains in effect; only new appointments must now be made as an Advance Personal Plan.
Northern Territory wills and probate: key figures at a glance
| Item | Northern Territory figure |
|---|---|
| Probate fee (FY2026-27) | $1,585 flat ($1,548 filing fee + $37 search fee); not tiered by estate value |
| Family provision time limit | 12 months from the grant of probate or letters of administration (Family Provision Act 1970 (NT) s 9(1)) |
| Statutory legacy, spouse/de facto + issue | 370,000 units, approximately $462,500 at the FY2026-27 unit value of $1.25 |
| Statutory legacy, spouse/de facto, no issue, parent/sibling | 530,000 units, approximately $662,500 |
| Enduring-power-of-attorney equivalent | Advance Personal Plan (Advance Personal Planning Act 2013 (NT)) |
| Small-estate simplified application | Up to 20,000 units ( |
Figures are current for FY2026-27 only and change each financial year; confirm before relying on them.
How the Northern Territory compares to other states and territories
The Northern Territory's rules do not transfer elsewhere, and the differences matter most for the family provision deadline. Queensland allows 9 months from the date of death, under section 41(8) of the Succession Act 1981 (Qld), a different trigger from the Northern Territory's 12 months from the grant; see probate in Queensland. The ACT allows 6 months from the grant, under section 9(1) of the Family Provision Act 1969 (ACT), half the Northern Territory's window on the same trigger; see probate in the Australian Capital Territory. Tasmania is the sharpest contrast: 3 months from the grant, under section 11(1) of the Testator's Family Maintenance Act 1912 (Tas), the shortest deadline in the country; see probate in Tasmania.
Small-estate procedures diverge too: the Northern Territory's section 106 and 110A thresholds have no equivalent in the ACT, which has no statutory small-estate exemption at all. For the other states and territories, see the Australia wills and probate hub.
Frequently asked questions
This page is general legal information about wills, probate, intestacy, family provision and enduring powers of attorney in the Northern Territory only, verified on 20 July 2026. It is not legal advice. For advice, consult a legal practitioner admitted in the Northern Territory.
For related guides, see the Australia wills and probate hub.
Frequently Asked Questions
How long do I have to contest a will in the Northern Territory?
Generally 12 months from the grant of probate or letters of administration, under section 9(1) of the Family Provision Act 1970 (NT), not from the date of death; do not confuse this with New South Wales, where the 12 months runs from death. Extensions are not available after full lawful distribution.
How much does probate cost in the Northern Territory?
For FY2026-27, a flat $1,585 ($1,548 filing fee plus $37 search fee), regardless of estate value. This is considerably higher than the roughly $380 to $400 figure sometimes reported elsewhere for the Northern Territory.
Where do I apply for probate in the Northern Territory?
With the Supreme Court of the Northern Territory's probate registry, in Darwin or Alice Springs. The executor applies for a grant of probate; otherwise an eligible person applies for letters of administration.
What happens if someone dies without a will in the Northern Territory?
They are intestate, and the Administration and Probate Act 1969 (NT) sets out who inherits. A surviving spouse or de facto partner has a preferential statutory legacy of 370,000 or 530,000 units, approximately $462,500 or $662,500 at the FY2026-27 unit value; the balance passes to other relatives.
Does the Northern Territory have an enduring power of attorney?
Not in the stand-alone sense used elsewhere. Since the Advance Personal Planning Act 2013 (NT), the Territory uses an Advance Personal Plan combining financial/property and health/personal decisions in one document. New appointments under the old 1980 Act stopped after 17 March 2014, though earlier appointments remain valid.
Can an electronic document or a recording be treated as a valid will in the Northern Territory?
Potentially, if the Court is satisfied the deceased intended it as their will. Section 10 of the Wills Act 2000 (NT) expressly covers electronic records and sound or image recordings, broader than most other jurisdictions. Acceptance is never guaranteed and is decided case by case.
Is the Northern Territory family provision deadline the same as the New South Wales deadline?
Both allow 12 months but from different starting points: the Northern Territory limit runs from the grant, while the New South Wales limit runs from the date of death. Treating them as interchangeable can cause a claim to be filed too late.
Are there simplified options for small estates in the Northern Territory?
Yes. Section 106 allows a simplified Registrar application up to 20,000 monetary units (approximately $25,000). Section 110A allows a professional personal representative to administer an estate up to 70,000 units (approximately $87,500) without any grant at all.
Sources and References
- Wills Act 2000 (NT)(legislation.nt.gov.au).gov
- Family Provision Act 1970 (NT)(legislation.nt.gov.au).gov
- Administration and Probate Act 1969 (NT)(legislation.nt.gov.au).gov
- Advance Personal Planning Act 2013 (NT)(legislation.nt.gov.au).gov
- Supreme Court of the Northern Territory: Wills & probate registry(supremecourt.nt.gov.au).gov
- Supreme Court of the Northern Territory: Fees Schedule, commencement 1 July 2026(supremecourt.nt.gov.au).gov