Do I Need Probate in Tasmania?

The single most expensive mistake a Tasmanian executor can make is applying for a Grant of Probate they did not need. Court filing fees start at $534.80 and reach $2,278.63 for larger estates, the process takes 4–8 weeks minimum, and the paperwork is enough to overwhelm anyone managing grief alongside administrative obligations.

The good news: many Tasmanian estates can be administered informally, without touching the Supreme Court. Whether yours is one of them depends on two factors — what the deceased owned and how they owned it.

The Real Property Test

This is the hard line. If the deceased owned Tasmanian real estate in their sole name, or as a tenant in common (owning a specific share rather than the whole property jointly), probate or Letters of Administration is mandatory. The Land Titles Office will not process a title transfer without a court-issued grant. No exceptions.

If the property was held as joint tenants with a surviving owner — the most common arrangement for married couples — the property passes automatically by survivorship. No probate required. The surviving owner lodges an Application by Survivorship directly with the LTO, presenting the death certificate and the existing certificate of title.

How to check: Order a title search from the Land Titles Office ($39.20). The search will show the ownership type — "joint tenants" or "tenants in common" — eliminating any guesswork.

The Bank Threshold Test

For liquid assets — bank accounts, term deposits, credit union accounts — the determining factor is not a legal threshold set by the court, but the internal risk management policies of each financial institution.

Tasmanian banks will often release funds from a deceased person's sole account without probate if the balance falls below their threshold, provided the executor signs a bank indemnity form accepting personal liability for the release. The thresholds vary dramatically:

• Smaller credit unions may freeze accounts at $15,000–$22,000
• ANZ, Commonwealth Bank, and NAB generally allow releases up to approximately $76,449
• Westpac's threshold sits around $114,674

If the combined liquid assets in the deceased's sole name are below the relevant bank's threshold, and there is no solely-owned real property, you may be able to settle the entire estate informally.

The Public Trustee Small Estate Route

For very small estates (generally under $30,000), the Public Trustee of Tasmania can file an "election to administer" under Section 20A of the Public Trustee Act 1930. This bypasses the full Supreme Court probate process entirely. The election costs $147.07 in court fees — far less than the standard probate filing.

The trade-off is the Public Trustee's commission: 4.5% on the first $200,000. On a $25,000 estate, that is $1,125 — a meaningful reduction for small inheritances but sometimes worth it to avoid the complexity of self-representation.

Assets That Never Require Probate

Several asset types pass outside the estate entirely, regardless of its size:

• Superannuation with a valid binding death benefit nomination goes directly to the nominated beneficiary
• Life insurance payable to a named beneficiary (not "the estate")
• Joint bank accounts — the surviving account holder retains full access
• Joint tenancy property — passes by survivorship as described above

These assets do not appear on the Form 10 Inventory of Assets and Liabilities and are not counted when determining the estate's gross value for court fee purposes.

The Decision Framework

The practical question sequence:

1. Did the deceased own any Tasmanian real property solely or as tenant in common? If yes → probate required.
2. If no real property, do the sole-name liquid assets exceed the bank's threshold? If yes → probate required.
3. If no real property and liquid assets are below the bank threshold → informal administration is likely possible.

For borderline cases — where some banks will release informally but others demand a grant — the decision comes down to whether the cost and delay of probate ($534.80+ and 4–8 weeks minimum) is worth it compared to the hassle of negotiating with individual institutions.

The Tasmania Probate Process Guide includes a detailed decision tree that maps every common scenario, plus the bank threshold reference card with current limits for all major Australian financial institutions.

See more Tasmania guides →