Supreme Court Rules 1987

(1) An application for administration shall be supported by affidavits:

(a) in accordance with Form 88G, of the death of the deceased; and

(b) in accordance with Form 88K:

(i) setting out the full residential address of the applicant; and

(ii) stating that the deceased died intestate; and

(iii) furnishing details of the searches and enquiries which have been made to locate a will; and

(iv) establishing the status of the deceased, that is, whether the deceased died leaving a spouse, de facto partner or issue, whether at the date of death the deceased was not married or in a de facto relationship, whether a spouse or de facto partner of the deceased had died before the deceased or whether the deceased died leaving a former spouse or de facto partner; and

(v) stating that the deceased left an estate in the Territory, and the value of that estate, distinguishing real and personal estate and giving a short statement of what the estate consists; and

(vi) setting out the relationship (if any) of the applicant to the deceased; and

(vii) furnishing the names and ages of the persons entitled in distribution of the estate and their relationship to the deceased; and

(viii) stating that the applicant is a corporation or has attained the age of 18 years; and

(ix) affirming that the applicant is not an undischarged bankrupt and has not assigned or encumbered his interest (if any) in the estate; and

(x) furnishing details of the applicant's knowledge of claims against the estate; and

(xi) stating the character in which the person making the application claims to be entitled to a grant and the truth of that statement; and

(xii) if the applicant is a creditor, stating that fact and to what amount, the particulars of his debt and the evidence in support of the claim; and

(c) in accordance with Form 88I:

(i) of publication of the notice of intention to apply for administration; and

(ii) of the result of search for a will of the deceased deposited under Part 6 of the Wills Act 2000; and

(iii) whether a caveat relating to the application has been lodged up to the morning of the application; and

(iv) where 2 years or more have elapsed since the death of the deceased, whether a prior application for a grant or resealing has been made in connection with the estate; and

(v) showing that Division 4A of Part III of the Probate Act does not apply to or in relation to the estate of the deceased; and

(vi) stating that, before the making of the application, no election has been filed under Part VII of the Public Trustee Act 1979, or, if an election has been filed, setting out the full particulars of that election.

(2) Where the grant is applied for by fewer than all the persons who are in the Territory and are entitled to a grant of administration, the application shall be supported by:

(a) the consent, in accordance with Form 88L, of each person entitled to a grant but not applying for the grant, to the grant being made to the applicant, with an affidavit in accordance with Form 88M verifying the consent endorsed on the document containing the consent; or

(b) an affidavit as to service, not later than 14 days before the proceeding is commenced, on each of those persons whose consent to the grant is not filed, of notice of intention to make the application.

(3) The notice referred to in subrule (2)(b) may be served personally or by sending the notice by registered post to the person to be served and obtaining from the postal authorities a written acknowledgement, purporting to be signed by the addressee, of receipt of the registered article.

(4) Where the Registrar orders a person to enter into a bond under section 23 of the Administration and Probate Act 1969, the bond is to be in accordance with Form 88N.

(b) dispense with one or both of the sureties; or

(c) reduce the penalty of the bond.

(6) Where it is sought to dispense with the bond or with one or both of the sureties, or to reduce the penalty of the bond, an affidavit shall be filed in support of the application.

(7) Where there is a surety to a bond, an affidavit of justification by the surety, in accordance with Form 88P, shall be filed.

(8) An oath in writing of the applicant, in accordance with Form 88J, administered by a person who might witness an affidavit of the applicant, shall be filed.

(9) The Court may require further evidence (including evidence establishing the value of an asset of, and the amount of a liability of, the deceased) to be furnished, and that further documents be filed, and notices be given.

(10) An official record of the death of the deceased shall be annexed to the affidavit referred to in subrule (1)(a).

(11) If there is no official record of the death of the deceased, an additional affidavit shall accompany the application setting out the facts relied on to establish his death or a presumption of his death.

(12) Where a person entitled to apply for Letters of Administration in the estate of an intestate deceased person renounces Letters of Administration in favour of the Public Trustee, in accordance with Form 88R, Letters of Administration in that estate may be granted to the Public Trustee without the consent or citation of a person.