ACT Supreme Court Filing Fees and Probate Forms Explained

Most people applying for probate in the ACT Supreme Court without a solicitor find out about the filing fees only after they've already spent weeks gathering documents — and sometimes discover their application has been rejected by requisition before they've paid anything at all. Here's a plain-English breakdown of exactly what you'll pay, what forms you need, and the errors that will halt your application.

ACT Supreme Court Probate Filing Fees (2025/2026)

The court scales its fees based on the gross value of the estate — not the net value after debts. This distinction matters. If the deceased had $400,000 in assets but $150,000 in mortgage, you still pay on $400,000, not $250,000. Many executors understate the gross value and trigger a requisition as a result.

These fees are current for the 2025/2026 financial year. The Supreme Court typically adjusts them on 1 July each year. You also pay a separate $61 fee to publish the Notice of Intention to Apply before you can even file.

If the estate is illiquid — all assets tied up in real property — you may need to fund the filing fee out of pocket or arrange for the bank to release a small sum for court costs before probate is formally granted.

The Four Core Probate Forms

The ACT Supreme Court requires specific forms lodged together as a complete application. Submitting an incomplete bundle results in an immediate requisition.

Form 3.1 — Originating Application for Probate This is the cover document naming the executor, identifying the Will, and requesting the court's grant of authority. The court will not process your application if Form 3.1 contains errors in the deceased's full legal name, date of death, or address of domicile.

Form 3.4 — Grant of Probate (in duplicate) You must submit two original copies. One is retained by the court; the other is sealed and returned to you as your evidence of authority to deal with the estate's assets.

Form 3.11 — Affidavit of Applicant This is the document that most DIY applicants get wrong. You must swear on affidavit the circumstances of the deceased's death, confirm you have conducted searches for a more recent Will, explain the relationship between yourself and any other executor named in the Will, and provide an accurate inventory of the estate's gross assets and liabilities. The affidavit must use the exact gross value figure.

Form 3.14 — Affidavit of Search This confirms you have searched for any later Will that may supersede the one being submitted. You must detail where you searched, including the ACT Public Trustee and Guardian's Will Register.

You also submit the original Will (not a photocopy) and the original Death Certificate (not a certified copy). If you only have a photocopy of the Will, you face a substantially more complex application — see the edge cases section below.

What Is a Probate Requisition?

A requisition is a written notice from the Probate Registrar that your application has a defect and has been halted. Your file is suspended until you correct and resubmit. This resets your timeline and can add weeks to the process, particularly if you have also made an error in the probate notice that forces you to republish and wait another 14 days.

Requisitions cost you nothing extra in fees, but they cost significant time and frustration during an already difficult period.

The Most Common Errors That Trigger ACT Requisitions

1. Name mismatches between the Death Certificate and the Will Access Canberra's Death Certificate uses the full legal name as registered. If the Will was executed in a name that differs — even by a middle name, a maiden name, or a minor spelling variation — you must include an "also known as" clause in the Form 3.11 affidavit explicitly reconciling the two names. Ignoring this is one of the most frequent requisition triggers.

2. Removing staples from the original Will This sounds minor. It is not. When an executor removes the staples from the original Will to scan it for their records, the court treats this as prima facie evidence that the document has been tampered with or that a codicil has been detached. You must then explain in a separate affidavit when, why, and by whom the staples were removed, and why no pages are missing. Handle the original Will as if it were a legal exhibit — do not staple, unstaple, fold, or mark it.

3. Gross vs. net estate value The Form 3.11 affidavit inventory requires the gross value of all assets. If you list the net value (after mortgage and debts), the court will issue a requisition seeking the gross figure. This is a common misunderstanding that delays many applications.

4. Failing to explain a substitute executor If you are a substitute executor — that is, you are applying because the primary executor named in the Will has died, renounced, or lacks capacity — you must explicitly address this in the affidavit. The court will not assume; you must state the circumstances and confirm the primary executor is no longer available.

5. Calculating the gross estate incorrectly Many executors forget to include assets that technically form part of the estate even though they may be small: accrued interest, unpaid wages, tax refunds owing, or the value of household contents. Including all such items, even estimated values, is safer than omitting them.

If You Only Have a Copy Will

The original Will is required. If you cannot locate the original, the law presumes that the deceased intentionally destroyed it to revoke it. Rebutting that presumption requires detailed affidavits from multiple parties about the circumstances of the Will's disappearance. This scenario requires a probate solicitor — attempting it without legal counsel is rarely successful.

If the deceased made no Will at all, you apply for Letters of Administration using Forms 3.3, 3.6, 3.13, and 3.14. The filing fees are the same tiered structure as probate.

Paying the Filing Fee When the Estate Is Frozen

Banks freeze sole accounts on death. If the only liquid assets are in a frozen account, you have two options before probate is granted:

First, most banks will release funds directly to the Supreme Court for the filing fee upon receipt of a formal request, the Death Certificate, and evidence that you are the named executor under the Will. Contact the bank's estate administration team rather than a regular branch.

Second, under Section 69B of the federal Banking Act, banks can release up to $15,000 for specific estate expenses — including court fees — without requiring a formal grant of probate. Not all banks apply this provision uniformly; you will need to make the request in writing.

If you are working through the full estate settlement process and want a step-by-step guide that includes filled-in template wording for Form 3.11, the form bundle sequence, and the bank release request letter, the ACT Estate Settlement Guide covers each stage in plain English with the specific documents you will need.

After the Application Is Filed

Processing times at the ACT Supreme Court vary depending on workload but typically run several weeks from the date of lodgement. You will receive a sealed Grant of Probate when the Registrar is satisfied the application is complete and correct. That document is your formal authority to deal with the estate's assets — banks, the Land Titles Office, and other institutions will require a copy of it before releasing or transferring anything.

Once you hold the grant, the six-month family provision window begins. Under the Administration and Probate Act 1929, eligible persons have six months from the date the grant is issued to bring a claim against the estate. Do not distribute assets to beneficiaries before this window closes — doing so exposes you as executor to personal financial liability.

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