Probate

The Probate Registry

The Probate Registry deals with all applications for Grants of Probate and Administration of deceased estates in Tasmania.

It is responsible for determining, on application for a Grant:

• what document or documents constitute the last Will of the deceased; and/or
• who is entitled to be the personal representative (Executor/Administrator) of the deceased.

Deceased Estates

When a person dies leaving assets in Tasmania, somebody (usually the personal representative of that person) has to deal with the person’s estate.

Generally this will involve:

• identifying, collecting and gathering in all the assets of the deceased;
• paying any outstanding debts and necessary expenditure such as funeral expenses; and
• distributing the estate to the persons entitled to it.

In order to perform these tasks a Grant may be required.

The Supreme Court of Tasmania has exclusive jurisdiction in Tasmania to make orders in relation to:

• the validity of a Will of a deceased person;
• appointment of an Executor or an Administrator; and
• the administration of deceased estates.

Rules

• Probate Rules 2017
• Probate Rules 1936 revoked
• Supreme Court Rules 2000, Part 32, Division 6

Legislation

• Administration and Probate Act 1935
• Intestacy Act 2010
• Testators Family Maintenance Act 1912
• Wills Act 2008
• Wills Act 1992 (This Act is still relevant as any marriage, divorce or change in relationship may have implications for a Will signed on or before 28 February 2009. Please check the Probate information kit for more information)