Executors: Persons named in wills to administer the estate. They may apply for and receive probate, which gives them legal authority to collect and distribute the estate.

Administrators: Persons who apply for letters of administration on intestacy or where the executor cannot act.

Beneficiaries and next of kin: Have interests in the estate. May apply for grants or challenge grants.

Creditors: May lodge caveats under section 16 to protect their claims before distribution.

The Public Trustee: Has a role in estates where no personal representative steps forward.

The Court: Supervises the grant and administration process, resolves disputes, and makes orders about the administration of estates.

Duty to apply for rescission of special administration (section 39): An executor or administrator must apply to have any special administration rescinded. Failure to do so makes them liable for claims against the estate to the extent of assets that came to their hands or would have but for their neglect.

Caveat notice procedure before distribution (section 16): An executor or administrator wishing to distribute the estate must follow the caveat notice procedure. This protects them from later claims by unknown creditors or beneficiaries but requires due process.

Administration bond (section 23): Administrators must give a bond as security, unless the Court dispenses with the requirement.

Public Trustee notice requirement (section 51): Before the Public Trustee acts under section 50, it must serve notice on any known persons entitled to apply for representation, giving them 21 days to indicate an intention to apply and a further 14 days to actually apply.

Court's powers: The Court may grant, revoke or rescind probate and administration. On revocation it may make orders protecting the estate and directing the (former) personal representative's accounting obligations. Section 41 allows the Court to discharge and replace an executor or administrator in specified circumstances.

Registrar's powers: May issue probate or administration as of course in straightforward cases under section 17.

Court's power on caveat (section 16(4)): Where a caveat has been lodged, the Court may authorise distribution despite the caveat, subject to conditions.

Court's power on revocation of grant (section 42): Where probate is granted for a person who was actually still alive, the Court may revoke the grant and make protective orders including injunctions against the (incorrect) personal representative.

Liability for distribution without caveat procedure: An executor or administrator who distributes without following section 16 remains personally liable to unknown creditors and beneficiaries.

Section 39 liability: An executor who neglects to apply for rescission of a special administration is liable for claims against the estate to the extent of assets in their control.

Revoked grants: Former personal representatives whose grant is revoked must account to the Court for all property received (section 43(1)(a)).

Application for probate or administration: Filed with the Registrar (supported by affidavits). The Registrar may issue the grant in straightforward cases or refer the matter to the Court.

Caveat procedure (section 16): A potential creditor or beneficiary lodges a caveat. An executor or administrator wishing to distribute must then follow the notice procedure to obtain protection against unknown claims.

Public Trustee notice (section 51): 21 days for the person to advise intention to apply; 14 days after that to actually apply to the Court.

Discharge of executor (section 41): An executor remaining out of the Territory for more than 2 years, or wishing to be discharged, may apply to the Court. Notice must be served on persons directed by the Court.

Grant of probate to living person (section 42): Application to revoke may be made by the person whose estate was wrongly administered or by any person entitled to apply for representation.

Public Trustee Act: The powers and functions of the NT Public Trustee are governed by the Public Trustee Act. Section 50 of the Administration and Probate Act references Public Trustee powers, and section 51 specifies the notice obligations before those powers are exercised.

Family Law Act 1975 (Cth): Family provision claims (claims by spouses, children and dependants for a larger share of the estate than given by the will) interact with this Act. The Courts jurisdiction over family provision matters under NT law.

Land Title Act (NT): The vesting of real property in executors and administrators under section 52 (real and personal estate vests in executor or administrator) interacts with land title registration requirements.

Intestacy and wills legislation: The Administration and Probate Act works alongside NT wills legislation and intestacy rules contained within the Act itself (Division 4).

Aboriginal intestacy (section 67A): Where an Aboriginal person dies intestate survived by more than one person who would qualify as a spouse, the Court must deal with the distribution of the estate under the specific regime in section 67A. This is a NT-specific provision that does not apply in most other Australian jurisdictions.

Protection for distribution only operates if caveat procedure was followed: The protection for executors and administrators under section 16(2) (against unknown claims) requires the caveat procedure to have been followed correctly. A distribution made without following that procedure provides no protection.

Revocation of grant does not automatically invalidate prior dealings: Section 43(1)(c) provides that revocation of a grant does not, of its own force, invalidate a disposal of property made before revocation. This protects third parties who dealt with the (incorrectly) appointed personal representative in good faith.

Public Trustee's 21-day notice window: Once the Public Trustee serves a section 51 notice, the clock starts running. A person who receives the notice must act quickly (advise within 21 days, apply within a further 14 days) to prevent the Public Trustee from acting.

Example 1: Straightforward probate: An NT resident dies leaving a will appointing his daughter as executor. The estate includes NT real and personal property. The daughter applies for probate by filing the will and supporting affidavits with the Registrar under section 17. The Registrar issues probate as of course.

Example 2: Contested distribution: Before distributing the estate, the executor lodges a caveat notice under section 16 to protect herself from unknown claims. A creditor who was not aware of the estate would need to lodge a competing caveat or claim before the distribution to be entitled to payment. If the executor distributes after following the section 16 procedure, she is protected from any claims of which she had no notice at the time.

Example 3: Public Trustee intervention: An NT resident dies intestate leaving property in the Territory but no family member steps forward to apply for administration. The Public Trustee intends to act under section 50. Before doing so, it serves a section 51 notice on a known nephew. The nephew has 21 days to advise the Public Trustee he intends to apply for letters of administration, and then a further 14 days to actually apply to the Court. If he fails to do either, the Public Trustee may proceed to administer the estate.

Example 4: Discharge of absent administrator: An administrator appointed by the Court moves overseas and remains out of the Territory for more than 2 years without arranging administration. Under section 41(1)(a), any interested person may apply to the Court for the administrator's discharge and the appointment of a new administrator.