Tasmania Probate Forms: What Executors Need Before Filing

The Supreme Court of Tasmania provides the probate forms as free downloads. What it does not provide is any guidance on how to complete them correctly. The Information Kits for self-represented applicants include the Word document templates and a basic procedural overview, with an explicit disclaimer that the registry cannot give legal advice. That gap — between having the form and knowing what the Registrar will actually accept — is where most self-represented executors run into trouble.

This is a plain-English guide to what each form requires, what the Registrar scrutinises, and how to avoid the $61.12 requisition penalty that delays the estate by weeks.

The Required Document Package for a Grant of Probate

For a standard grant where a valid Will exists and the named executor is willing to act, the complete application package must include:

Form 2 — Notice of Intention to Apply for a Grant This is filed first, before anything else. It is submitted electronically through the Supreme Court's online portal and becomes publicly visible on the court's website. Its purpose is to put creditors and potential claimants on notice that you intend to apply for authority over the estate.

After the Notice of Intention appears online, a minimum of 14 clear days must pass before you can lodge the formal application. Clear days exclude the day of publication and the day you plan to file. If you publish on a Wednesday, the earliest you can lodge is two Thursdays later. Filing before this period expires results in immediate rejection and a requisition fee.

Form 4 — Application for Grant of Probate This is the formal application document. It identifies the deceased, confirms the Will being proved, names the executor, and provides basic estate information. It must match the details in the Will precisely, including any variations in how the deceased's name was recorded across documents.

If the deceased used different names across bank accounts, a former surname, or a nickname on any legal document, each variation must be disclosed and explained in the supporting affidavit. Undisclosed aliases are one of the most common triggers for a Registrar's requisition.

Form 5 — Affidavit in Support of Application for Probate This is a sworn document — it must be formally affirmed before a Justice of the Peace, a Commissioner for Declarations, or an Australian legal practitioner. You cannot sign it at home and post it. The executor must physically attend the swearing.

Form 5 confirms that the Will is valid, that the deceased is who they are stated to be, and that the executor is willing and legally able to act. It references the attached original Will and the inventory of assets.

The most common technical problems with Form 5 relate to how the Will is attached. The original Will must be physically fastened to the affidavit in the manner specified — and critically, the Registrar checks the Will's physical condition. If the original Will shows:

• Unexplained staple holes or rust marks from paperclips that were not there at the time of signing
• New fold marks inconsistent with normal filing
• Any sign of physical alteration

The Registrar will require an Affidavit of Plight and Condition (Form 27) to prove no page is missing and no codicil has been removed. This adds time and cost. Store the original Will flat, in a sleeve, untouched until filing.

Form 10 — Inventory of Assets and Liabilities This is the asset schedule the Registrar uses to calculate your filing fee. It must list all assets and liabilities, but with one critical distinction: Tasmanian assets are listed separately from interstate or overseas assets. Filing fees are calculated only on the gross Tasmanian estate value — not the total estate.

Assets to include: all bank accounts held solely by the deceased, shares and managed funds, real property owned solely or as tenant in common, superannuation where the estate is the named beneficiary, vehicles, and personal property of value.

Assets that do not belong in the Tasmanian inventory: jointly held accounts that pass automatically to the surviving owner, superannuation paid directly to a named beneficiary (this passes outside the estate), life insurance with a nominated beneficiary, and property held as joint tenants.

Valuation methodology: bank accounts at date-of-death balance per bank statement, real property by a written market appraisal from a licensed real estate agent, vehicles by a current industry valuation (RedBook is acceptable), and household contents at a reasonable market value.

Mathematical errors, missing categories, or including non-estate assets inflate the estate value and increase your filing fee unnecessarily — or trigger a requisition if the Registrar spots the inconsistency.

Filing Fees Based on Gross Tasmanian Value

The Supreme Court applies a tiered fee structure based on the gross value of the Tasmanian estate as declared on Form 10.

These fees are indexed to the Hobart CPI and typically adjust on 1 July each year. The figures above apply to 2025/2026 — verify current amounts directly with the Supreme Court before lodging.

If a Co-Executor Declines to Act: Form 11

Where the Will names more than one executor and one of them does not wish to act, they must formally renounce before the application can proceed. The renouncing executor signs Form 11 — Renunciation of Probate — before a witness. The original Form 11 must be included in the application package.

Submitting a probate application where a named co-executor is not applying and has not formally renounced is one of the most predictable causes of requisition. If you know a co-executor will not be acting, obtain the signed Form 11 before you publish the Notice of Intention.

The Optional Pre-Assessment Service

Before formally lodging your package, you can submit it for a provisional assessment by the Registrar. The fee is $183.36. The Registrar reviews the draft documents, identifies any issues, and returns feedback before the formal submission.

For executors who have not been through this process before, this service reduces the risk of a $61.12 requisition penalty and the associated weeks of delay. Whether it is worth paying depends on the complexity of the estate and your confidence level with the documents. For straightforward applications with a clean Will and simple assets, a thorough self-review against the checklist below is often sufficient.

Pre-Lodgement Checklist

Before submitting your application package:

• The 14 clear days from Notice of Intention publication have passed
• Form 4 matches the Will exactly, including the deceased's full legal name and any aliases disclosed
• Form 5 has been sworn before an authorised witness (JP, Commissioner, or solicitor)
• The original Will is attached to Form 5 as required, with no new staple holes, paperclips, or fold marks
• Form 10 lists Tasmanian assets separately from interstate assets and contains no mathematical errors
• If a co-executor is not applying, their signed Form 11 is included
• An original or certified copy of the BDM Death Certificate is included
• Payment is arranged by EFT for the applicable filing fee

The Tasmania Probate Process Guide includes line-by-line guidance for completing each form, a pre-lodgement quality assurance checklist based on the Registrar's most common rejection reasons, and templates for the asset inventory that keep Tasmanian and interstate values clearly separated.

What Happens After Lodgement

Physical documents are lodged at the Hobart Probate Registry. From that date, straightforward applications are typically processed within four to eight weeks. If the Registrar identifies a deficiency, a requisition is issued, halting the application and charging $61.12 per requisition. Processing then restarts after the deficiency is corrected.

For a detailed breakdown of what happens between lodgement and final distribution, including the mandatory creditor notice period and the three-month family provision window that affects when you can safely release assets, see how long does probate take in Tasmania.

See more Tasmania guides →