NT Probate Forms Guide: Form 88B, 88G, 88H, and More

The Northern Territory Supreme Court uses a series of Rule 88 forms for probate and letters of administration. Getting these wrong is the single biggest cause of delays — the Registry enforces strict compliance and will issue requisitions for formatting errors, missing annexures, or incorrect values. Here's what each form does and how to complete it correctly.

Form 88B — Notice of Intended Application

This is the public notice that tells creditors and potential challengers you're about to apply for probate. It must be published before you can file the main application.

Key change under Practice Direction 3 of 2020: You no longer need to pay for an advertisement in the NT News. The notice now goes on the Supreme Court website for 14 days. Email your Form 88B to [email protected].

Form 88B is for probate (where there's a will). If the deceased died without a will, you'll use Form 88C for letters of administration instead.

Wait the full 14 days from publication before filing your application. The Registry will reject applications filed before the notice period has elapsed — no exceptions.

Form 88G — Affidavit of Death

This sworn statement formally confirms the death for the court record. It requires careful attention to annexures.

Must include: A true copy of the death certificate (front and back) annexed to the affidavit. The certificate must be formally identified in the body of the affidavit and marked as an exhibit.

Common rejection: Annexing only the front of the death certificate. The Registry requires both sides, even if the back appears blank. Another frequent error is annexing a photocopy without proper identification or witness signatures on the annexure.

The affidavit must be signed before an authorised witness — a justice of the peace, solicitor, commissioner for oaths, or other qualified person. Each page should be signed by both you and the witness.

Form 88H — Affidavit of Executor

This is where you declare the gross value of the estate's assets as of the date of death.

Critical field: The gross value must be accurate. This figure determines the court's assessment of the estate's complexity and is a matter of public record. Undervaluing assets can expose you to personal liability. Include:

• Real property (market value, not rates assessment)
• Bank balances as of the date of death
• Share portfolios and investments
• Motor vehicles
• Superannuation death benefits (if payable to the estate rather than a nominated beneficiary)
• Personal effects of significant value

Do not include jointly owned assets passing by survivorship, or superannuation with valid binding nominations payable directly to individuals. These bypass the estate.

Affidavit of Identity — The Form Self-Represented Applicants Miss

If you're applying without a solicitor, the NT Supreme Court requires an additional Affidavit of Identity. This requirement catches many DIY applicants off guard because it's not required when a lawyer files on your behalf.

The affidavit confirms your identity as the person named as executor in the will. You'll need identity documents (passport, driver's licence) exhibited to the affidavit.

Missing this document triggers a requisition that adds weeks to the process. Multiple online guides and even some law firm websites fail to mention it because they assume solicitor representation.

Form 88A — Application for Grant of Representation

This is the originating motion — the main application document that brings everything together. It identifies the deceased, the applicant, the type of grant sought (probate or administration), and references the supporting affidavits.

Submit this with Forms 88G, 88H, the Affidavit of Identity (if self-represented), and the electronic payment form for $1,542.

Filing and Submission

All forms can be filed by email to [email protected], which is a significant advantage for interstate executors. Documents must be wet-signed and witnessed before scanning and emailing.

The electronic payment form for the $1,542 fee ($1,506 filing fee + $36 search fee) must accompany the application. The Registry won't process your application without simultaneous payment.

Getting Each Form Right the First Time

Requisitions from the Supreme Court Registry add 2–4 weeks per round. The difference between a 6-week probate and a 6-month one often comes down to form accuracy. The Northern Territory Survivor Benefits Navigator includes field-by-field annotations for every Rule 88 form, with examples and the exact annexure requirements the Registry expects.

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