How to apply for letters of administration in Tasmania
Letters of administration in Tasmania are applied for in the Probate Registry of the Supreme Court of Tasmania when the deceased left no will, or where there is a will but no executor able to act. The person entitled on intestacy (or the surviving beneficiary) applies, advertises an intention, files an affidavit and inventory, and pays the filing fee. A simple grant is usually issued within 4-8 weeks.
The framework
Letters of administration in Tasmania are governed by the Administration and Probate Act 1935 (Tas) and the Intestacy Act 2010 (Tas). Procedure is set out in the Probate Rules 2017 (Tas). The Wills Act 2008 (Tas) applies if a will exists but no executor can act.
The process
Confirm there is no valid will or no available executor
Search the deceased's records and the Tasmanian will register. If no will is located or the named executor has died, renounced, or is unwilling to act, an administration grant is required.
Identify the person with priority under the Intestacy Act
Under the Intestacy Act 2010 (Tas), the spouse or partner has priority, followed by adult children, then other relatives. The applicant must be the person with priority or have their consent.
Obtain the death certificate
Order the official death certificate from Births, Deaths and Marriages Tasmania for use with the application.
Prepare the inventory of assets and liabilities
List all assets and liabilities of the deceased, with values at date of death. Confirm land holdings through LINC Tasmania and account balances with each bank.
Advertise the intention to apply
Publish a notice of intended application on the Supreme Court of Tasmania website at least 14 days before filing, under the Probate Rules 2017 (Tas).
Draft the application documents
Prepare the Application for Grant of Letters of Administration, the Affidavit of Administrator (addressing priority and kinship), and the Inventory of Property.
Obtain consents or renunciations
Where others with equal or higher priority exist (for example, adult children with equal entitlement), obtain their consent to your application or filed renunciations.
Lodge the application with the Probate Registry
File the application, affidavit, inventory, death certificate, consents or renunciations, and evidence of advertising with the Probate Registry of the Supreme Court of Tasmania and pay the filing fee.
Respond to any requisitions
The Registrar may issue requisitions requiring further evidence of kinship, consent, or asset values. Respond within the specified time.
Receive the grant and administer the estate
Once issued, the grant is the administrator's authority to collect assets, pay debts, and distribute the estate according to the Intestacy Act 2010 (Tas) or the will (if applicable).
Forms and templates
- Application for Letters of Administration
- Affidavit of Administrator
- Inventory of Property
- Consent / Renunciation of next of kin
Common mistakes
- Applying without obtaining consent from those with equal priority
- Failing to address kinship in the Affidavit of Administrator
- Filing before the 14-day advertising period has elapsed
- Misapplying the Intestacy Act 2010 (Tas) distribution rules
- Omitting superannuation or jointly held property incorrectly
Get this process right with Quillio
Quillio can draft the Affidavit of Administrator, inventory, and intestacy distribution schedule from your inputs, and check the application against the Probate Rules 2017 (Tas). See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
This guide is general information — not legal advice. The Supreme Court of Tasmania may update its rules, forms, and fees. Intestacy distributions can be complex where there are blended families or partial intestacy — obtain legal advice for anything other than a simple case.
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