A Guide to Probate in Tasmania

Following the death of a person who resided in Tasmania, the nominated Executor to the Will is required to apply for a Grant of Probate in order to distribute the deceased’s estate accordingly.

The nominee must submit an application to the Supreme Court of Tasmania prior to taking on the role of asset and estate distribution.

We’ve provided a complete guide explaining how to apply for a Grant of Probate in Tasmania outlining your responsibilities and requirements as an applicant.

Documents required to submit a Grant of Probate application in Tasmania

The following documents are required for filing a Grant of Probate application in Tasmania:

• Notice of intention to apply for a grant or reseal of a grant (Form 2);
• Application for grant or reseal of a grant (Form 4);
• Affidavit in support of an application for probate (Form 5);
• Inventory of assets and liabilities (Form 10)
• Original Will
• Original Death Certificate

The Process – Guidelines for Filing in Tasmania

Note: Applicants are required to submit a Notice of Intention to Apply to the Probate Registry prior to lodging a Grant of Probate application and must be over 18 years of age.

A Grant of Probate permits the nominated Executor to the Will to legally manage and distribute a deceased person’s estate as the instructions outline in their Will.

An estate must not be accessed until a Grant of Probate application has been approved and issued by the Supreme Court of Tasmania to the original applicant (Executor to the Will).

A successful grant is the initial recognition of a Will’s validity allowing an Executor to collect and administer the inclusions as well as organise and carry out a range of other related duties.

The Court can only issue the Grant once 14 days have lapsed since the Notice of Intention to Apply has been published.

How long do I have to file?

The Executor to the Will must file an application for a Grant of Probate in Tasmania as soon as practically possible and generally within 6 months of the deceased’s date of death.

Exemptions may apply where a reasonable explanation for a delay can be provided.

How to Apply

1. Obtain the forms outlined above from either

• The Supreme Court of TAS Registry, or
• The Supreme Court of TAS website

2. Fill in the information required on the following forms:

• Notice of intention to apply for a grant or reseal of a grant (Form 2);
• Application for grant or reseal of a grant (Form 4);
• Inventory of assets and liabilities (Form 10)

3. Prepare the Affidavit in support of an application for probate (Form 5);

and annex the Death Certificate and Original Will to the application.

4. File your fully completed application with the Supreme Court of Tasmania either in person or by mail.

How much does the application cost?

General fees associated with applying for a Grant of Probate in TAS include:

• A standard Provisional assessment of application documentation by Registrar - $155.52
• Additional fees payable determined by the estate’s gross value.

Further information regarding specific fees can be found at www.supremecourt.tas.gov.au/probate/probate-fees/

When can I expect a response or result regarding my application?

Your application will be assessed by the Supreme Court of Tasmania. While Grant of Probate processing times vary, you should expect to receive your Grant of Probate within 3-18 weeks of filing.

These processing timeframes are an approximate estimate and are indicative of the average waiting periods for applications in Tasmania.

Requisitions from the Court

If there are any issues with your application, you’ll receive a written requisition from the Supreme Court of Tasmania explaining the problems and how to rectify them.

You’ll also be required to pay the following fees for answering a requisition:

• Requisition fee - $51.84

It’s important to follow the application and form directions carefully as incomplete or incorrectly filed submissions may cause delays and extend processing times.

Reach out to us today via our Contact page for all Will-related enquiries, our services or for further information regarding Grant of Probate applications and state-specific processes.

Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice