Estate Administration in Tasmania: Step-by-Step Guide for Executors

Tasmania's estate administration process follows a specific sequence governed by the Administration and Probate Act 1935, the Probate Rules 2017, and the Intestacy Act 2010. The steps are not optional, and their order matters. Executing them out of sequence — distributing before the creditor window closes, for example — can expose you to personal liability. This guide walks through the process chronologically from the first hours after death through to closing the estate.

Step 1: Immediate Actions (First 24–72 Hours)

The executor's first duties are practical and protective.

Secure the property. Physically secure any real estate owned by the deceased. Notify the insurer that the property is now vacant — most home insurance policies require notification within a defined period to maintain coverage.

Locate the Will. The original Will must be found and kept safe. Do not remove staples, attach new staples or paperclips, or fold the document in new places. Any unexplained holes or marks on the original Will trigger a formal requirement to file an Affidavit of Plight and Condition (Form 27) with the Supreme Court, adding complexity and cost.

Arrange the funeral. The executor (or next of kin if no executor has yet stepped forward) is responsible for funeral arrangements. Check whether the deceased held a prepaid funeral contract regulated under the Prepaid Funerals Act 2004. If the estate has funds but they are frozen, banks will release money directly to a funeral director upon presentation of an itemized invoice and a medical certificate of death.

Obtain Death Certificates. The funeral director typically initiates death registration with Births, Deaths and Marriages (BDM) Tasmania. You will need multiple certified copies of the Death Certificate — at least two to three — for the court, banks, and the Land Titles Office. Each certificate currently costs $65.96.

Step 2: Asset Discovery and Triage (Days 3–14)

Once immediate logistics are handled, begin the systematic discovery phase.

Identify every asset and liability. Write formally to banks, superannuation funds, the Land Titles Office, share registries, and the Australian Taxation Office to obtain date-of-death balances and asset details. You will need this information to complete the Supreme Court's Form 10 (Inventory of Assets and Liabilities).

Determine whether formal probate is required. This is the critical decision point:

• If the deceased owned real property solely or as a tenant in common, a Grant of Probate or Letters of Administration is mandatory. The Land Titles Office will not process any title dealing without it.
• If the deceased owned real property as a joint tenant with a surviving owner, the property passes by survivorship. Lodge an Application by Survivorship (RPS) directly with the Land Titles Office — no Supreme Court involvement required for that property.
• If the estate consists entirely of liquid assets below bank indemnity thresholds (ranging from approximately $22,000 at smaller credit unions to $114,674 at major banks like Westpac), you may be able to secure informal release using a bank indemnity form. No court application is needed.

For very small estates under approximately $30,000 with no real property, the Public Trustee of Tasmania has a statutory mechanism to administer under Section 20A of the Public Trustee Act 1930, filing an "election to administer" for a flat fee of $147.07 rather than going through the full court process.

Step 3: Publish the Notice of Intention (Day 14 or Earlier)

If a formal court application is required, the first legal step is publishing a Notice of Intention to Apply for a Grant (Form 2) on the Supreme Court of Tasmania's online portal.

This notice serves as a public declaration. It alerts potential creditors and any interested parties — including family members considering a caveat — that a probate application is forthcoming.

A mandatory 14 clear days must pass after the Notice of Intention is published before you can lodge the formal application. Use this window to finalize your affidavits, gather documents, and check the application for errors.

Step 4: Prepare the Application (Days 14–28)

A standard Grant of Probate application requires:

• Form 4: Application for grant or reseal of a grant
• Form 5: Affidavit in support of an application for probate (must be sworn before a JP, Commissioner for Declarations, or Australian legal practitioner)
• Form 10: Inventory of Assets and Liabilities (separating Tasmanian assets from interstate/overseas assets — filing fees are calculated on Tasmanian assets only)
• The original Will (no staples removed or added)
• Certified Death Certificate
• Form 11 from any co-executor who is not proceeding

For intestacy cases, Form 7 (Affidavit in support of an application for letters of administration) replaces Form 5.

Consider using the court's provisional assessment service ($183.36) to have a Registrar review your draft documents before formal lodgement. This service significantly reduces the risk of a requisition (a $61.12 penalty per error plus weeks of delay).

Step 5: Lodge with the Probate Registry

The application is lodged in person or by post at the Hobart Probate Registry — Tasmania does not yet offer fully electronic probate lodgement. Payment of the filing fee (based on estate value) can be made by EFT.

Standard, error-free applications are typically processed within 4 to 8 weeks from lodgement. If the Registrar issues a requisition for corrections, expect the timeline to extend to 14 weeks or more.

Step 6: After the Grant Issues

Once you receive the sealed Grant of Probate (printed on parchment), your authority as executor is formally crystallized.

Open an estate bank account. Open a dedicated "Estate of [name]" account and pool all liquid assets into it. Present certified copies of the grant to each institution holding the deceased's assets.

Publish a Notice to Creditors. Under Section 54 of the Administration and Probate Act 1935, publish a notice requiring unknown creditors to submit their claims — typically within 30 days. If you distribute without this notice and a valid creditor appears later, you may be personally liable for their debt.

Obtain ATO clearance. Lodge the deceased's final income tax return and obtain clearance from the Australian Taxation Office before distributing the estate. The ATO must confirm there are no outstanding tax liabilities.

Wait for the TFMA window. Under Tasmania's Testator's Family Maintenance Act 1912, eligible persons have exactly 3 months from the grant date to make a family provision claim. Tasmania's window is shorter than any mainland state. Do not distribute until three clear months have passed without a claim being filed.

Step 7: Transfer Real Property

If the estate includes real property to be transferred to a beneficiary, lodge a Transfer by Assent with the Land Titles Office. The current fee is $250.21. Note that LTO instruments must now be lodged by a licensed conveyancer or solicitor in most cases.

If you need to sell the property rather than transfer it, execute the sale as executor once the grant is in hand, then distribute net proceeds to the beneficiaries as directed by the Will.

Step 8: Final Distribution and Estate Closure

Once all debts are paid, ATO clearance is obtained, and the three-month TFMA window has closed:

1. Distribute assets to beneficiaries in accordance with the Will (or intestacy rules)
2. Prepare a final statement of account itemizing all receipts, expenses, and distributions — provide copies to residuary beneficiaries
3. Close the estate bank account
4. Retain records for at least six years (the general limitation period under the Limitation Act 1974 for actions related to the estate)

The entire process, from death to final distribution, is expected by common law to be completed within 12 months of the date of death. This is called the executor's year. Delays beyond that period can prompt beneficiaries to seek court intervention.

For a comprehensive set of checklists covering each of these phases — including the pre-filing QA checklist designed to prevent requisitions — the Tasmania Probate Process Guide provides the detail you need to execute each step correctly the first time.

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