If someone dies without making a will, the process of administering their estate can be complex and lengthy. This is where letters of administration come in. A letter of administration is a legal document that appoints an administrator to manage the deceased person's estate.
In this blog post, we will explain applying for letters of administration in Tasmania.
When are letters of administration required in Tasmania?
In Tasmania, the applicable laws are the Administration and Probate ACT 1935 and the Intestacy Act 2010 (TAS) and only apply when the assets and the deceased live in Tasmania. The Supreme Court of Tasmania must grant the letters of administration when someone passes away without a valid Will.
What is the process for applying for letters of administration in Tasmania?
The process for applying for letters of administration in Tasmania is as follows:
- Read the information kit
- Obtain the necessary documents for the application
- Complete an application for letters of administration form
- Email your completed and proofed Notice of Intention
- File your application with the Probate Registry of the Supreme Court of Tasmania
If you would like more information on applying for letters of administration in Tasmania, our team of expert lawyers would be happy to help.
Letters of Administration Cost Tasmania
When applying for letters of administration in Tasmania, it is important to remember that the application has a cost. The total fees for the application depend on the estate's total value. As of July 1 2021, the fees can range from $280 to $1193.
Who can apply for letters of administration in Tasmania?
Who can apply for letters of administration in Tasmania depends on whether there's a valid Will. However, the court will consider the estate's best interests when deciding who will be the administrator.
Letters of Administration (with the Will annexed)
The Supreme Court will generally make the Grant favour the person who has priority as set out in Probate Rules 2017 rule 18. This rule states that it should go to the person who has the greatest beneficial interest under the Will, such as a spouse or children.
Letters of Administration (without a Will)
If a person dies without a Will, the Court will typically issue a Grant of Letters of Administration to prioritise who can apply as set out in Probate Rules 2017 rule 19. Typically, this goes to the deceased's next of kin, such as a spouse, partner, or child.
Applying for Letters of Administration in Tasmania is possible without the help of a solicitor or paralegal. However, we recommend using Willed's Letters of Administration services. The process starts with a free phone consultation followed by a fixed feed quote.
Then our team of lawyers will help to prepare and lodge your application. One of the biggest setbacks during the process is incorrect documents, so we're here to make sure it's seamless from start to finish.