How to Publish a Probate Notice in the ACT Supreme Court

Publishing a probate notice in the ACT is different from every other Australian jurisdiction. Since March 1, 2022, the ACT Supreme Court abolished newspaper publication entirely — all probate notices must now be published through a centralised online smart form portal. Many executors still search for how to place a newspaper notice and waste valuable time looking in the wrong direction.

Here is exactly how the ACT online probate notice system works, what it costs, and the strict timing rules you must follow.

Why a Probate Notice Is Required

Before you can file an application for a Grant of Probate or Letters of Administration in the ACT Supreme Court, you must first publish a Notice of Intention to Apply. This notice serves two purposes: it gives creditors and interested parties the opportunity to object before the grant is made, and it creates a formal public record that an application is pending.

The notice is mandatory — you cannot skip it and proceed directly to filing. The ACT Supreme Court will refuse a probate application that is not preceded by a compliant notice.

The Online Publication Process

Step 1: Access the ACT Supreme Court online smart form portal The notice is published through the smart form system on the ACT Courts website (courts.act.gov.au). You must create an account if you do not already have one. The system guides you through entering the required information.

Step 2: Complete the notice details You will need: the full legal name of the deceased (exactly as it appears on the Death Certificate), the date of death, the date and place of the Will (if applying for probate), the name of the applicant, and the applicant's relationship to the deceased. If there is a name discrepancy between the Will and the Death Certificate, include both names — "also known as" — in the notice.

Step 3: Pay the publication fee The notice fee for 2025/2026 is $61. Payment is made online as part of the smart form submission.

Step 4: Note the publication date The system will confirm the date the notice is published. This date is the start of the mandatory waiting period. Record it carefully.

The Mandatory Timing Window

This is the rule that catches the most executors off guard.

After publishing the notice, you must wait not less than 14 days before lodging the probate application with the court. There is also a maximum: you must lodge within 3 months of the notice publication date.

This creates a filing window of 14 days to 3 months after publication. If you file too early (before 14 days), your application will be rejected. If you file too late (after 3 months), your notice has expired and you must republish — paying the $61 fee again and restarting the 14-day clock from the new publication date.

What resets the 14-day clock: If you amend the notice after publication — even to correct a minor error — the court treats this as a new publication. The 14-day minimum waiting period starts again from the amendment date. This is why accuracy on first submission is important.

What the Notice Covers

The same online publication process applies to:

• Applications for a Grant of Probate (where there is a valid Will)
• Applications for Letters of Administration (where there is no Will or no available executor)
• Applications for a Reseal of a Foreign Grant (where probate was obtained in another state or country and the ACT assets need to be dealt with)

Each application type has its own form, but all go through the same online portal with the same $61 fee and the same 14-day waiting period.

The Waiting Period and What to Do During It

The 14-day wait is built into the process, not wasted time. Use it productively:

• Collect and prepare all remaining documents for the probate bundle (original Will, original Death Certificate, completed Forms 3.1, 3.4, 3.11, and 3.14)
• Obtain formal valuations for real property and investment portfolios if you don't yet have them — the court needs a gross asset figure in Form 3.11
• Arrange for the bank to release funds for the Supreme Court filing fee if the estate's liquid assets are frozen
• Calculate the gross estate value to determine the correct filing fee tier

After the Notice Period: Filing the Application

Once 14 days have elapsed since the notice publication (and before 3 months), you lodge the complete probate application bundle with the ACT Supreme Court Probate Registry. The filing fee is tiered by gross estate value — $1,124 for estates between $50,000 and $249,999, scaling up to $2,859 for estates above $1 million.

Court processing time after lodgement varies by workload but typically runs several weeks. You will receive a sealed Grant of Probate when the Registrar is satisfied the application is complete and correct. If there is a defect in your application, the court issues a requisition and suspends processing until you respond.

Common Mistakes with the ACT Probate Notice

Using the wrong name. The deceased's name on the notice must match the Death Certificate exactly. If the Will uses a different form of the name (a nickname, an abbreviated name, or a name before marriage), you must reconcile both names in the notice.

Missing the maximum window. Three months passes faster than most people expect when they're managing an estate. If you've published the notice but are waiting on valuations or documents, make sure you file within the window. If you're at risk of missing it, lodge what you have and follow up with supplementary documents if needed.

Thinking the notice itself grants authority. The notice is just a precondition. It does not give you authority to act on the estate. Authority only comes from the sealed Grant of Probate after the application is approved.

If you're working through the ACT probate process for the first time and want a clear sequence — notice publication, application bundle, requisition avoidance, and what to do after the grant is received — the ACT Estate Settlement Guide provides step-by-step instructions specific to ACT Supreme Court requirements.

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