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Tasmania

Probate and deceased estate administration in Tasmania

How to publish a notice of intention, apply for a grant of probate or letters of administration in the Supreme Court of Tasmania Probate Registry, and administer a Tasmanian deceased estate.

Checked against official sources on 8 Nov 2026. General information, not legal advice. No lawyer or solicitor has reviewed this page.

Overview

In Tasmania the Probate Registry of the Supreme Court deals with all applications for grants of probate and administration of deceased estates. The Registry decides which document or documents make up the last will of the deceased, and who is entitled to be the personal representative. Probate is granted to the executor named in a valid will, and letters of administration where there is no will or no executor able and willing to act. A grant made in another Australian state or territory, or in certain countries such as the United Kingdom and New Zealand, can be resealed so that Tasmanian assets can be dealt with.

Three Tasmanian Acts do most of the work. The Administration and Probate Act 1935 (Tas) governs grants, reseals and the powers and duties of personal representatives. The Intestacy Act 2010 (Tas) sets out who inherits where there is no will, including a spouse's statutory legacy that starts from $350,000 and is indexed to the Consumer Price Index. The Testator's Family Maintenance Act 1912 (Tas) allows an eligible person to apply for provision from an estate, and it has a very short time limit: three months from the date of the grant, unless the Court extends it.

Procedure comes from the Probate Rules 2017 (Tas). Before you can file, a notice of intention to apply must be published on the Court's website at least 14 days before the application is filed. The Court publishes the notices, the judge-approved forms, the current fees and a set of information kits for people applying without a lawyer. This page explains the sequence, the intestacy shares and the timing rules that matter for a Tasmanian executor. It is general information, not legal advice.

Who this is for

  • You are an executor and a Tasmanian bank or the Land Titles Office wants a grant before releasing or transferring assets
  • A family member died without a will and you need letters of administration in Tasmania
  • The executor named in the will has died, renounced or cannot act
  • You need to sell or transfer a Hobart, Launceston or regional Tasmanian property held in the deceased's sole name
  • You have been told you must publish a notice of intention to apply and wait 14 days
  • You are worried about the short three month period for family maintenance claims
  • A grant was made in another state or territory, or in the United Kingdom or New Zealand, and you need it resealed for Tasmanian assets
  • You are a beneficiary trying to find out whether a grant has been applied for
LegislationShow
  • Administration and Probate Act 1935 (Tas) (TAS)

    The principal Tasmanian probate statute. It deals with grants and the powers and duties of executors and administrators, the payment of debts, the executor's year (section 43), the resealing of grants from other states and reciprocating countries (sections 47A to 53), advertising for claims against the estate (sections 54 to 56), and the Court's power to allow an executor commission of up to 5 per cent (section 64).

  • Intestacy Act 2010 (Tas) (TAS)

    Sets out who inherits a Tasmanian estate where there is no valid will. It defines who counts as a spouse (section 6), fixes the spouse's statutory legacy at $350,000 indexed to the Consumer Price Index from the December 2009 quarter (section 7), requires a person to survive the deceased by 30 days to inherit (section 8), and gives a surviving spouse a right to elect to acquire property from the estate (sections 16 to 22).

  • Testator's Family Maintenance Act 1912 (Tas) (TAS)

    Allows the deceased's spouse or partner, children (including stepchildren and adopted children), parents where there is no spouse or child, and a former spouse or partner who was receiving or entitled to maintenance to apply to the Court for provision from the estate (section 3A). Section 11 requires the application to be started within three months after the grant, although the Court can extend the time.

  • Probate Rules 2017 (Tas) (TAS)

    The rules of procedure for Tasmanian probate applications. Rule 33 requires a notice of intention to be published on the Court's website at least 14 days before an application is filed, rule 38 stops a grant issuing within 14 days of death, rules 78 to 83 deal with caveats, and the Rules set out the approved forms and the evidence required.

  • Wills Act 2008 (Tas) (TAS)

    Governs how a Tasmanian will must be made, altered and revoked, the effect of marriage, divorce and registered relationships on a will (sections 16 and 17), and the Court's power to accept a document that was not properly signed or witnessed as a will (section 10).

  • Income Tax Assessment Act 1936 (Cth) (CTH)

    Contains the trust tax rules that apply to the income of a Tasmanian deceased estate, including income to which a beneficiary is presently entitled.

Courts and tribunalsShow
  • Supreme Court of Tasmania - Probate Registry

    Deals with all applications for grants of probate and administration of Tasmanian deceased estates, decides what makes up the last will and who is entitled to be the personal representative, and holds caveats and the record of grants. The Registry is in Hobart; applications can be filed in person there or by post.

  • Notices of Intention to Apply

    The Court's searchable list of notices of intention to apply for a grant or reseal, updated daily at about 10 am. Creditors send their claims to the address for service stated in the notice.

  • Supreme Court of Tasmania - Probate Forms

    The judge-approved forms that must be used for a Tasmanian application, including Form 2 notice of intention, Form 4 application, Form 10 inventory of assets and liabilities and Form 17 caveat.

  • Supreme Court of Tasmania - Probate Fees

    The schedule of Tasmanian probate fees, including the grant fee that depends on the gross value of the Tasmanian estate. The current schedule applies from 1 July 2026.

  • Supreme Court of Tasmania - Caveats

    Lists the estates over which a caveat has been lodged and explains how caveats are lodged, renewed and lapse.

  • Public Trustee Tasmania

    The Tasmanian public trustee (1800 068 784). It prepares wills, acts as executor where it is appointed in a will, and offers estate administration services for a published fee.

ProcessShow

  1. 01Find the will and obtain the death certificate

    Locate the original will and any codicils, checking the deceased's papers, solicitor, bank and the Public Trustee. Order the death certificate from the Tasmanian Registry of Births, Deaths and Marriages. The Probate Registry keeps the original will and death certificate you file, so arrange certified copies first.

    Typical timeframe: Varies; start straight away

  2. 02Work out which application to make

    Use the Court's information kits to decide whether you need probate, letters of administration with the will annexed, letters of administration, or a reseal of a grant made elsewhere, and which judge-approved forms apply. Unless anyone with an equal or prior right to apply has consented, renounced or reserved leave, a citation may be needed (rule 34 of the Probate Rules 2017 (Tas)).

    Typical timeframe: Varies

  3. 03Identify and value the estate

    List each asset in Tasmania and elsewhere and each liability on the Form 10 inventory, with a fair and reasonable gross value at the date of death and the source of that value (rule 35). A formal valuation is not needed unless the Registrar asks for one. The gross value of the Tasmanian assets sets the grant fee.

    Typical timeframe: Varies with the size of the estate

  4. 04Publish the notice of intention to apply

    Email the Form 2 notice of intention as a PDF to the Probate Registry for publication on the Court's website. Under rule 33 of the Probate Rules 2017 (Tas) it must be published at least 14 days before the application is filed. A reseal also needs a Form 3 notice in the Tasmanian Government Gazette and two newspapers.

    Typical timeframe: At least 14 days before filing

  5. 05File the application in the Probate Registry

    File the Form 4 application, the supporting affidavit, the original will and an unstapled photocopy, the original death certificate, the Form 10 inventory and a copy of the published notice, at the Probate Registry in Hobart or by post. Pay the grant fee when you file or when the Registry writes to say the grant has been signed.

    Typical timeframe: No deadline after the 14 days; extra evidence if more than 2 years after death

  6. 06Registry examination and grant

    The Registrar examines the papers. If they contain errors or are incomplete, a requisition issues and you answer it by amending the documents or filing a supplementary affidavit, paying the requisition fee. The grant can issue once the papers are in order and no effective caveat exists, and it is released after the fee is paid.

    Typical timeframe: Varies with the Registry's workload and any requisition

  7. 07Administer, settle liabilities and distribute

    Collect the assets, lodge tax returns, pay debts and expenses, register any dealing with Tasmanian land, and distribute once the three month family maintenance period has passed and liabilities are settled. You are not bound to distribute before one year from the death.

    Typical timeframe: The Public Trustee says its administrations generally take 6 to 12 months

Parties

  • Executor

    The person appointed by the will to administer the Tasmanian estate. Applies for probate and is personally accountable for the administration. No more than four people can be named in a grant.

  • Administrator

    A person appointed by the Court where there is no will or no executor able and willing to act. On an intestacy the order of priority starts with the spouse, then a child (rule 19 of the Probate Rules 2017 (Tas)).

  • Beneficiary

    A person entitled under the will or under the Intestacy Act 2010 (Tas).

  • Family maintenance applicant

    A person listed in section 3A of the Testator's Family Maintenance Act 1912 (Tas) who applies to the Court for provision from the estate.

  • Creditor

    A person or business owed money by the deceased, who sends particulars of the claim to the address for service in the notice of intention and must be paid before beneficiaries receive anything.

  • Registrar of the Supreme Court

    Examines applications in the Probate Registry, decides what makes up the last will and who is entitled to the grant, issues requisitions and grants, and cannot order a grant while an effective caveat exists.

  • Caveator

    A person who lodges a caveat to oppose a grant, and who must file grounds of objection and start proceedings within the time limits in the Probate Rules 2017 (Tas) or the caveat ends.

  • Public Trustee

    May be appointed executor in a will or apply for a grant to administer an estate, charging the fees it publishes.

Time limits

These are general time limits described in prose. This page does not calculate a deadline for your matter.

  • Notice of intention before filing

    The notice of intention must be published on the Court's website at least 14 days before the application is filed

    Source: r 33(1) Probate Rules 2017 (Tas)

  • Earliest grant and late applications

    Unless the Court orders otherwise, no grant issues until 14 days after the death; an application first made more than 2 years after the death must include extra evidence, including the reasons for the delay

    Source: r 38 Probate Rules 2017 (Tas)

  • Family maintenance claim

    A claim must be started within three months after the date probate or letters of administration are granted; the Court may extend the time, but an extension must be sought before final distribution and earlier distributions are not disturbed

    Source: s 11 Testator's Family Maintenance Act 1912 (Tas)

  • Caveat expiry

    A caveat expires 6 months after it is lodged, or 28 days after the Registrar notifies the caveator of an application unless grounds of objection are served and filed; it then lapses if proceedings are not started within 28 days of filing the grounds

    Source: r 80 Probate Rules 2017 (Tas)

  • Survivorship on intestacy

    A person must survive the intestate by at least 30 days to take a share on intestacy

    Source: s 8 Intestacy Act 2010 (Tas)

  • Spouse's statutory legacy

    If the statutory legacy ($350,000 indexed to the CPI from the December 2009 quarter) is not paid in full within one year after the death, interest runs on the unpaid amount from the first anniversary of the death

    Source: s 7 Intestacy Act 2010 (Tas)

  • Spouse's election to acquire property

    The administrator must notify the spouse of the right within one month of the grant, and the spouse must elect within 3 months after the notice (or after administration starts, if the spouse is an administrator), unless the Court extends the time; during that period an administrator who is not the spouse generally must not sell or transfer estate property to anyone other than the spouse, unless the spouse says in writing they will not elect, a sale is urgently needed to pay estate debts, or the property is perishable

    Source: ss 17-18, 22 Intestacy Act 2010 (Tas)

  • Executor's year

    A personal representative is not bound to distribute the estate before one year from the death

    Source: s 43(1) Administration and Probate Act 1935 (Tas)

Costs and helpShow

Tasmanian probate costs have three parts. First, the Supreme Court's fees, which apply from 1 July 2026. The fee for a grant or reseal depends on the gross value of the Tasmanian estate shown in the inventory: $548.80 if it is under $50,000; $991.76 from $50,000; $1,074.08 from $250,000; $1,352.40 from $500,000; $1,713.04 from $1 million; $1,946.28 from $2 million; and $2,338.28 from $5 million. A requisition costs $62.72 and an optional provisional assessment of draft documents costs $188.16. You can pay the fee when you file or when the Registry writes to say the grant is signed, and the grant is released only after payment. The fee schedule lists no charge for publishing a notice of intention on the Court's website. Second, legal fees, if you use a lawyer; ask for a written estimate. Third, the Public Trustee's fees if it administers the estate. Expenses an executor properly incurs are generally paid from the estate. The Court can allow an executor commission of up to 5 per cent (section 64 of the Administration and Probate Act 1935 (Tas)).

Tasmania Legal Aid

Grants of legal aid are means and merit tested and do not cover every legal problem; call 1300 366 611 to find out whether yours might be covered. The free Legal Help line on the same number (Monday to Friday, 8.45am to 5pm) gives legal information and referral.

Where to get help

Practical guidanceShow

How does the Tasmanian notice of intention to apply work?

Under rule 33 of the Probate Rules 2017 (Tas), a person intending to apply for a grant must make sure a notice of intention is published on the Court's website at least 14 days before the application is filed. You use Form 2, save it as a PDF named with the deceased's surname in capitals and then the given names (for example 'BLOGGS James Steven.pdf'), and email it to probate.notices@supremecourt.tas.gov.au with the same name in the subject line. The Registry does not proofread notices before publishing them, so check every detail first: the full names and any aliases of the deceased and the applicant, the deceased's last address, the date of the will and any codicil, your relationship to the deceased, the type of grant, and an address for service that is not a post box. After one business day, check that the notice has appeared. Search the existing notices before you send yours, in case another family member has already foreshadowed an application. Once the notice has been on the website for 14 days you can file, and you annex a copy of the published notice to your affidavit.

Why does Tasmania's three month claim period matter so much?

Under section 11 of the Testator's Family Maintenance Act 1912 (Tas), the Court cannot hear a claim for provision unless it is started within three months after the date probate or letters of administration are granted. The Court can extend that time, even after it has run out, but section 11(4) says an application to extend must be made before the estate is finally distributed, and a distribution made before an extension application is filed cannot be disturbed because of it. For an executor this means the period for claims closes quickly. Before distributing, check whether any claim has been started or threatened, tell the beneficiaries about the timetable, and if a claim is raised, hold the estate and get legal help. The people who can claim are listed in section 3A: the deceased's spouse or partner, children including stepchildren and adopted children, parents if there is no spouse or child, and a former spouse or partner who was receiving or entitled to receive maintenance from the deceased.

Who inherits a Tasmanian estate if there is no will?

The Intestacy Act 2010 (Tas) sets the order. A spouse includes a husband or wife, a partner in a registered relationship, and a partner in a significant relationship that lasted at least two years or produced a child (section 6). A surviving spouse takes the whole estate where the deceased left no children or other descendants, or where they are all also descendants of that spouse. Where at least one descendant is not the spouse's, the spouse takes the personal effects, the statutory legacy and one-half of what remains, and the children share the rest (sections 14 and 28). The statutory legacy is $350,000 indexed to the Consumer Price Index from the December 2009 quarter to the last quarter published before the death, with interest if it is not paid within a year (section 7). A person must survive the deceased by at least 30 days to inherit (section 8). A surviving spouse can also elect to acquire property from the estate, such as the family home, at its market value at the date of death (sections 16 to 20). Without a spouse or descendants, the estate passes to parents, then brothers and sisters, then grandparents, then aunts and uncles, and finally to the State (sections 29 to 37).

Do you always need a grant for a Tasmanian estate?

No. Land held as joint tenants passes to the surviving owner, who can lodge an Application to be Registered Proprietor by Survivorship with the Land Titles Office, with the death certificate (or the grant), a Notice of Change to Ownership, a lodgement form and the fee. Since conveyancing reforms took effect on 7 March 2024, this is one of the few land documents a person can still lodge without a lawyer or licensed conveyancer. Superannuation and life insurance paid under a binding nomination or at the fund trustee's discretion do not form part of the estate, which is why the Court says to leave them off the inventory unless they are paid to the estate. For everything else, each institution sets its own rules: Tasmania Legal Aid notes that some banks will close an account holding less than $50,000 on the will, the death certificate and proof of the executor's identity. Write to each asset holder early and ask in writing what they need. If the deceased owned Tasmanian land solely or as a tenant in common, expect a grant to be needed before the title can be dealt with.

What should a Tasmanian executor do about caveats and disputes?

A person who intends to oppose a grant lodges a caveat in the Probate Registry using Form 17. It must be the signed original, lodged at the Registry in Hobart (an emailed caveat is not accepted), and the fee from 1 July 2026 is $62.72. While an effective caveat exists, the Registrar cannot order a grant (rule 78), and the Court lists current caveats on its website. Under rule 80 a caveat expires six months after it is lodged, although it can be renewed or a fresh caveat lodged. Once an application is made, the Registrar is to notify the caveator where possible, and the caveat expires 28 days later unless the caveator serves and files a statement of the grounds of objection, such as a later will, lack of capacity or undue influence (rule 81). It then lapses if the caveator does not start proceedings within 28 days after filing the grounds, or does not tell the Probate Registry in writing on the day those proceedings are started (rule 80). A caveat is different from a family maintenance claim, which accepts the will is valid but says it did not make adequate provision. Get legal help early if a caveat is lodged against your application, because a contested grant is costly and estate assets can lose value while a dispute runs.

What tax, property and record keeping steps should you take?

Notify the Australian Taxation Office of the death. If you are applying for a grant, the ATO asks you to wait until you have it and send a certified copy with the notification form; it then records you as the authorised legal personal representative. Lodge any outstanding returns, then the 'date of death' return for the income year in which the person died, then trust tax returns for the estate's income after death. The ATO allows a concessional rate, the same as individual rates with the full tax-free threshold, for the first three income years of the estate. For Tasmanian land held solely or as a tenant in common, getting the title dealt with is now a job for a lawyer or licensed conveyancer, because since 7 March 2024 unrepresented people can lodge only a few land documents, such as the survivorship application. Check rates, land tax and insurance in the meantime. Run a dedicated estate bank account and keep a record of every receipt and payment so you can account to the beneficiaries. You can also advertise for claims against the estate under section 54 of the Administration and Probate Act 1935 (Tas), which gives you protection against claims you did not know about when you distribute after the claim date (sections 55 and 56).

Checklist

  • Original will and any codicils, with no staples removed or added, plus an unstapled double-sided A4 photocopy
  • Original death certificate (the Registry keeps it, so make certified copies first)
  • Form 2 notice of intention to apply, as published on the Court's website
  • Form 4 application for grant or reseal of a grant
  • Supporting affidavit (Form 5 for probate, Form 6 or 7 for letters of administration, Form 8 for a reseal)
  • Form 10 inventory of assets and liabilities, with date of death values and the source of each value
  • Renunciation (Form 11) or notice reserving leave (Form 13) for any executor who is not applying
  • Date of death balances from banks, funds, insurers and share registries
  • Title search for any Tasmanian land
  • For a reseal: the original grant or an exemplification under the foreign court's seal, a certified copy, the Form 3 notices from the Gazette and two newspapers, and a Form 9 affidavit of caveat search
  • Certified copies of the grant for each asset holder
  • Estate accounts and receipts from beneficiaries

Common questions

How long do you have to wait after publishing the notice in Tasmania?

At least 14 days. Rule 33 of the Probate Rules 2017 (Tas) requires the notice of intention to be published on the Court's website at least 14 days before the application is filed. There is no deadline for filing after that, so an application may follow weeks or months later. Separately, no grant can issue within 14 days of the death (rule 38). Search the Court's list of notices first to see whether anyone else has already foreshadowed an application for the same estate.

How long does someone have to contest a will in Tasmania?

A family maintenance claim must be started within three months after the date probate or letters of administration are granted (section 11 of the Testator's Family Maintenance Act 1912 (Tas)). The Court can extend the time, but only on an application made before the estate is finally distributed, and earlier distributions are not disturbed. A person who wants to oppose the grant itself, for example because they say the will is invalid, lodges a caveat in the Probate Registry (rule 78 of the Probate Rules 2017 (Tas)).

How long does probate take in Tasmania?

There is no published processing time. The fixed points are that no grant can issue within 14 days of the death, the notice of intention must be on the Court's website for at least 14 days before you file, and an application made more than two years after the death needs extra evidence explaining the delay (rule 38). If your papers contain errors or are incomplete, the Registrar may issue a requisition, which adds time while you respond. The Public Trustee says its own estate administrations generally take 6 to 12 months.

Who inherits if someone dies without a will in Tasmania?

The Intestacy Act 2010 (Tas) applies. A surviving spouse takes the whole estate where there are no children or other descendants, or where they are all also that spouse's descendants. Where at least one is from another relationship, the spouse takes the personal effects, a statutory legacy of $350,000 indexed to the CPI from the December 2009 quarter, and one-half of the rest, with the children sharing the other half. Without a spouse or descendants, the estate passes to parents, brothers and sisters, grandparents, aunts and uncles, and then the State.

Do I need a lawyer to apply for probate in Tasmania?

No. The Supreme Court publishes information kits and judge-approved forms for people applying without a lawyer, and for a fee ($188.16 from 1 July 2026) the Registry can do a provisional assessment of your draft documents. The Court says its kits are only a guide and suggests getting legal help before applying. Legal help is worth considering where the will is informal or damaged, an executor cannot act, a caveat is lodged, a family maintenance claim is threatened, or the estate may be insolvent.

Can a grant made in another state be used in Tasmania?

It generally has to be resealed by the Supreme Court of Tasmania first. Resealing is available for grants from other Australian states and territories and from reciprocating countries, which include the United Kingdom, New Zealand and Fiji. You need a Form 2 notice on the Court's website and a Form 3 notice in the Gazette and two newspapers, and 14 days must pass after both before you file the original grant or an exemplification, a certified copy and the supporting affidavits. Once resealed, the grant has the same effect as a Tasmanian grant.

How can I find out whether probate has been applied for in Tasmania?

Search the Court's list of notices of intention, which shows who intends to apply, the type of grant, the date of any will and an address for service you can use to contact them. An application may not be filed until weeks or months after the notice. You can also lodge a search request with the Probate Registry, which holds a record of all grants; a fee is payable upfront and the Registry aims to deal with requests within 28 days. For records from 1825 to 1995, ask the Tasmanian Archives and Heritage Office.

Sources

  1. Probate - Supreme Court of Tasmania (accessed 8 Nov 2026)
  2. Grants and Procedure - Supreme Court of Tasmania (accessed 8 Nov 2026)
  3. Notice of intention to apply for a grant - Supreme Court of Tasmania (accessed 8 Nov 2026)
  4. Notices of Intention to Apply - Supreme Court of Tasmania (accessed 8 Nov 2026)
  5. Probate Fees (from 1 July 2026) - Supreme Court of Tasmania (accessed 8 Nov 2026)
  6. Information Kits - Supreme Court of Tasmania (accessed 8 Nov 2026)
  7. Information Kit: Probate (last updated 4 June 2026) - Supreme Court of Tasmania (accessed 8 Nov 2026)
  8. Information Kit: Reseal of Foreign Grant (last updated 12 June 2026) - Supreme Court of Tasmania (accessed 8 Nov 2026)
  9. Caveats - Supreme Court of Tasmania (accessed 8 Nov 2026)
  10. Search the Probate Registry - Supreme Court of Tasmania (accessed 8 Nov 2026)
  11. Probate Rules 2017 (Tas) - Tasmanian Legislation (accessed 8 Nov 2026)
  12. Administration and Probate Act 1935 (Tas) - Tasmanian Legislation (accessed 8 Nov 2026)
  13. Intestacy Act 2010 (Tas) - Tasmanian Legislation (accessed 8 Nov 2026)
  14. Testator's Family Maintenance Act 1912 (Tas) - Tasmanian Legislation (accessed 8 Nov 2026)
  15. Wills Act 2008 (Tas) - Tasmanian Legislation (accessed 8 Nov 2026)
  16. Who can challenge my Will? - Public Trustee Tasmania (accessed 8 Nov 2026)
  17. Estate Administration - Public Trustee Tasmania (accessed 8 Nov 2026)
  18. All fees and charges (current at 1 January 2026) - Public Trustee Tasmania (accessed 8 Nov 2026)
  19. Wills, following a Will after someone has died - Tasmania Legal Aid (accessed 8 Nov 2026)
  20. Applying for legal aid - Tasmania Legal Aid (accessed 8 Nov 2026)
  21. Land Titles Office Frequently Asked Questions - Land Tasmania (accessed 8 Nov 2026)
  22. Notifying us of a death and who will manage the estate - Australian Taxation Office (accessed 8 Nov 2026)
  23. Tax rates - deceased estate - Australian Taxation Office (accessed 8 Nov 2026)
  24. Wills, Estates and Funerals - Hobart Community Legal Service (accessed 8 Nov 2026)
This is general legal information, not legal advice. It does not claim that a solicitor has reviewed this page for your situation, and it does not create a solicitor-client relationship.

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Probate in Tasmania: Grants and Estate Administration
Probate in Tasmania: Grants and Estate Administration - newlaw.ai