Letters of Administration Tasmania: What Happens When There Is No Will

When someone dies without a valid will in Tasmania, no one automatically has legal authority to deal with their assets. Not the surviving spouse, not the eldest child, not the person who paid for the funeral. Before a single bank account can be closed or a property title transferred, someone must apply to the Supreme Court of Tasmania for Letters of Administration — the intestacy equivalent of a Grant of Probate.

The process is similar to probate but adds an extra layer of complexity: the court must be satisfied that the right person is applying and that the estate will be distributed according to the strict rules set out in the Intestacy Act 2010, not according to what family members assume the deceased would have wanted.

Who Can Apply for Letters of Administration

Tasmania follows a priority hierarchy for appointing an administrator. The Supreme Court generally grants Letters of Administration to the person with the highest entitlement to the estate's assets under the Intestacy Act 2010.

The priority order is:

1. Surviving spouse or domestic partner — first right to apply
2. Children of the deceased — if no spouse, or if the spouse does not wish to act
3. Parents of the deceased
4. Siblings
5. Other next of kin

If no eligible person applies, the Public Trustee of Tasmania can step in, though this triggers their commission-based fee structure (4.5% on the first $200,000 of estate value).

The application uses Form 7 (Affidavit in support of an application for Letters of Administration) instead of Form 5 used in standard probate. The applicant must prove the deceased died intestate and demonstrate their relationship to the deceased with supporting documentation such as birth certificates or marriage certificates.

How the Intestacy Act 2010 Distributes the Estate

Tasmania's intestacy rules follow a precise formula that cannot be varied by family agreement or perceived fairness.

If the deceased leaves a spouse and children who are all children of that spouse: The surviving spouse inherits the entire estate. The children receive nothing directly — the law assumes the spouse will provide for them.

If the deceased leaves a spouse and children from another relationship (blended family): This is where intestacy creates serious conflict. The surviving spouse receives the personal effects, a statutory legacy of $350,000 (adjusted annually for CPI), and one-half of the remaining estate. The children from the other relationship split the other half. In a $600,000 estate, the spouse might receive roughly $475,000 while the children share $125,000 — a result that surprises many families.

If the deceased leaves children but no spouse: The children share the estate equally, with the children of a deceased child taking their parent's share.

If the deceased leaves no spouse and no children: The estate passes to parents, then siblings, then more distant relatives, in a strict cascade defined by the Act.

The Application Process

The mechanical steps mirror probate with a few differences:

1. Publish the Notice of Intention on the Supreme Court website — the same mandatory step as probate, triggering a 14-day waiting period before you can file
2. Complete Form 4 (Application for grant) and Form 7 (Affidavit for Letters of Administration) — note this replaces Form 5 used in standard probate
3. Complete Form 10 (Inventory of Assets and Liabilities) — identical to probate
4. Lodge the application at the Probate Registry in Hobart with the required filing fee

The filing fees follow the same tiered structure as probate, ranging from $534.80 for estates under $50,000 to $2,278.63 for estates over $5 million, calculated on the gross value of Tasmanian assets only.

Processing takes the same 4–8 weeks for clean applications. However, intestacy applications face higher requisition risk because the court examines the family tree more closely — any uncertainty about the deceased's relationships, previous marriages, or children triggers further inquiries.

The Security Bond Question

Unlike probate, where the executor is named in the will, an administrator has no testamentary appointment. The Supreme Court may require the administrator to provide a security bond — an insurance-style guarantee that protects beneficiaries if the administrator mismanages the estate. The court determines the bond amount based on estate value and complexity. In practice, bonds are often dispensed with for small estates or where all beneficiaries consent to the appointment.

Common Complications

De facto relationships. The Intestacy Act 2010 recognises de facto partners (including same-sex partners) with the same entitlements as married spouses, but proving the relationship without a marriage certificate requires additional evidence — shared finances, cohabitation history, statutory declarations from friends or family.

Unknown children. If the deceased may have fathered children outside the known family, the court expects the administrator to make reasonable inquiries. Distributing the estate while ignoring potential claims exposes the administrator to personal liability.

Blended families and the statutory legacy. The CPI-adjusted statutory legacy amount changes annually. Getting the figure wrong on the distribution can create shortfalls that the administrator must cover personally.

For straightforward intestacy matters — a surviving spouse with no blended family complications and modest assets — the process is manageable without a lawyer. The Tasmania Probate Process Guide walks through Form 7 completion, the intestacy distribution calculations, and the security bond requirements step by step.

Where blended families, de facto relationship disputes, or potential unknown heirs are involved, a succession solicitor is not optional — the personal liability risk is too high for self-representation.

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