Letters of Administration in Tasmania

Court Filing Fees

The Supreme Court of Tasmania charges filing fees for Letters of Administration based on the gross value of the estate. The fees are the same as for probate applications.

Administration Bond

Administration bonds in Tasmania were effectively abolished for deaths on or after 13 October 2015. If the deceased died before this date, the court may still require an administration bond. For most modern applications, no bond is required.

Who Can Apply for Letters of Administration in Tasmania

Under the Administration and Probate Act 1935 (Tas), the following persons may apply for Letters of Administration, in order of priority:

1. Surviving spouse or partner of the deceased

   The spouse or partner has first priority to apply for administration.

2. Children of the deceased

   If there is no surviving spouse or partner, the deceased's children may apply.

3. Parents of the deceased

   Parents may apply if there is no surviving spouse or children.

4. Siblings of the deceased

   Brothers and sisters may apply if no higher-priority applicant is available.

5. Grandparents of the deceased

   Grandparents may apply in the absence of closer relatives.

6. Aunts and uncles of the deceased

   Extended family may apply if no closer relatives are available or willing.

7. Any other person the court considers appropriate

   The court has discretion to appoint any suitable person as administrator.

Where the person with the highest priority does not wish to apply, they must provide a formal renunciation.

The Application Process in Tasmania

Applying for Letters of Administration in Tasmania involves several key steps. The process is governed by the Administration and Probate Act 1935 and the Probate Rules 2017.

1. Obtain the death certificate

   You will need an official death certificate from Births, Deaths and Marriages Tasmania.

2. Identify the estate assets and liabilities

   Compile a comprehensive inventory of all assets and liabilities of the deceased.

3. Complete the required court forms

   Prepare the application for letters of administration, supporting affidavits, and the schedule of assets and liabilities.

4. Publish a notice of intention

   A notice of intention to apply must be published on the Supreme Court of Tasmania website at least 14 days before filing the application. The court may direct additional publication in a newspaper in specific circumstances.

5. File the application

   Lodge the completed documents with the Probate Registry of the Supreme Court of Tasmania in Hobart.

6. Court processing

   The Probate Registry will review the application and, if satisfied, issue the grant.

If there are any issues with the application, the court may issue a requisition requesting further information or corrections before the grant can be issued.

Distribution of the Estate

Once the grant is issued, the administrator must distribute the estate according to the intestacy rules under the Intestacy Act 2010 (Tas). Where all children are also children of the surviving spouse, the spouse receives the entire estate. Otherwise, the spouse receives a preferential legacy and a share of the residuary estate, with the remainder distributed to children.

Required Forms for Letters of Administration in Tasmania

The following forms are required for a Letters of Administration application in Tasmania:

• Notice of Intention to Apply (Form 2): Notice that must be published on the court website at least 14 days before filing.
• Application for Grant (Form 4): The primary application form for Letters of Administration.
• Affidavit in Support of Application (Form 7): A sworn statement by the applicant confirming the death, the intestacy, the applicant's relationship to the deceased, and their entitlement to apply.
• Inventory of Assets and Liabilities (Form 10): A detailed inventory of all estate assets and liabilities with estimated values.
• Death Certificate: A certified copy of the death certificate.
• Renunciation: If a person with higher priority has renounced their right to apply.

Forms can be obtained from the Supreme Court of Tasmania website or the Probate Registry. All affidavits must be sworn or affirmed before an authorised witness.

Processing Times for Letters of Administration in Tasmania

The timeline for obtaining Letters of Administration in Tasmania is generally as follows:

• Preparation of documents: 1 to 3 weeks, depending on the complexity of the estate.
• Publication of notice: At least 14 days must pass between publishing the notice and filing the application.
• Court processing: The Probate Registry typically takes 6 to 10 weeks to process an application after filing.
• Total estimated timeframe: 8 to 14 weeks from start to grant.