How to apply for a grant of probate in Tasmania
A grant of probate in Tasmania is applied for in the Probate Registry of the Supreme Court of Tasmania. The executor named in the will must advertise an intention to apply, prepare an application supported by an executor's affidavit, file the original will, and pay the filing fee. A straightforward grant is typically issued within 4-8 weeks of filing.
The framework
Probate in Tasmania is governed by the Administration and Probate Act 1935 (Tas), the Wills Act 2008 (Tas), and the Probate Rules 2017 (Tas). The Supreme Court of Tasmania has jurisdiction under the Supreme Court Civil Procedure Act 1932 (Tas).
The process
Locate the original will and confirm you are the executor
Find the last valid will of the deceased and confirm you are named as executor. If there is more than one executor, decide whether all will apply jointly or whether power is reserved to one.
Obtain the death certificate
Order the official death certificate from Births, Deaths and Marriages Tasmania. You will need a certified copy to support the application.
Identify and value estate assets and liabilities
Prepare an inventory of Tasmanian and other Australian assets, along with debts and funeral expenses. Banks, share registries, and LINC Tasmania (land titles) can confirm holdings.
Advertise the intention to apply for probate
Publish a notice of intention to apply on the Supreme Court of Tasmania website at least 14 days before filing, in accordance with the Probate Rules 2017 (Tas).
Prepare the application documents
Draft the Application for Grant, the executor's affidavit setting out the facts, the inventory of assets and liabilities, and any required affidavits (for example an affidavit of plight and condition if the will is marked).
Swear or affirm the affidavit
The executor's affidavit must be sworn or affirmed before an authorised witness (Australian legal practitioner, Justice of the Peace, or other qualified person).
Lodge the application with the Probate Registry
File the original will, advertisement confirmation, death certificate, application, affidavit, and inventory with the Probate Registry of the Supreme Court of Tasmania. Pay the filing fee at lodgement.
Respond to any Registry requisitions
The Registrar may issue requisitions asking for clarifications, further affidavits, or corrections. Respond within the time specified or the application can stall.
Receive the grant of probate
Once the Registrar is satisfied, the sealed grant issues. The grant is the court's authority confirming the executor can act.
Administer the estate
Use the grant to collect assets, pay debts and testamentary expenses, and distribute to beneficiaries in accordance with the will. Keep detailed records for beneficiaries.
Forms and templates
- Application for Grant (Probate)
- Executor's Affidavit
- Inventory of Assets and Liabilities
Common mistakes
- Filing before the 14-day advertising period has elapsed
- Not lodging the original will (copies are not accepted)
- Undervaluing or omitting assets in the inventory
- Failing to attach a coloured copy of the will with all markings
- Using the wrong form when the will is not self-proving
Get this process right with Quillio
Quillio can draft the executor's affidavit, inventory, and application from your inputs, and check the documents 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 forms, fees, and rules. Confirm current requirements on the Supreme Court website and consider legal advice for contested or complex estates.
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