Probate in Tasmania: Applying, Fees & Contesting a Will

Tasmania's family provision deadline is three months from the grant of probate, the shortest in Australia, under the Testator's Family Maintenance Act 1912 (Tas) s 11(1). Probate applications are lodged with the Probate Registry of the Supreme Court of Tasmania in Hobart.

Information last verified on 20 July 2026. This page presents general legal information, not legal advice.

Jurisdiction scope: This page covers wills, probate, intestacy, family provision claims, and enduring powers of attorney under Tasmanian law only, under the Wills Act 2008 (Tas), the Administration and Probate Act 1935 (Tas), the Testator's Family Maintenance Act 1912 (Tas), the Intestacy Act 2010 (Tas), and the Powers of Attorney Act 2000 (Tas). It does not cover any other state or territory, each of which has its own separate regime; see the links below for those.

Applying for probate in Tasmania

A grant of probate confirms a deceased person's will is valid and authorises the named executor to administer the estate. Every application in Tasmania goes to the Probate Registry of the Supreme Court of Tasmania in Hobart, using judge-approved forms from the registry's information kits: the notice of intention to apply, the application itself, a supporting affidavit, and an inventory of assets and liabilities. Applications can be lodged by email or post; the registry explains process but cannot advise on the merits of a particular estate. Executors usually lodge the notice of intention first, giving interested parties a chance to caveat, before filing the full application. Not every estate needs a grant; that depends on what the deceased owned. The Public Trustee separately applies its own $30,000 threshold when administering an estate, an administrative practice, not a statutory exemption for an independent executor.

Probate fees in Tasmania

The Supreme Court charges a grant fee set as a multiple of a statutory "fee unit," re-indexed each 1 July; from 1 July 2026 the fee unit is $1.96. Rather than a flat charge, the fee is tiered to the gross value of the estate, so cost rises with size. The figures below are for FY2026-27 and should be reconfirmed with the Court before filing.

These fees are for the grant itself and do not include a solicitor's professional fees if one is engaged, nor separate registry charges such as a requisition fee or a caveat lodgement fee. To estimate the fee for a specific Tasmanian estate value, use the Tasmania probate fee calculator.

Contesting a will in Tasmania: the three-month family provision deadline

Tasmania has the shortest family provision deadline in Australia. Under the Testator's Family Maintenance Act 1912 (Tas) s 11(1), the Supreme Court has no jurisdiction to hear a claim unless it is commenced within three months of the grant of probate or letters of administration, not the date of death. That is materially shorter than the six-month, from-grant deadlines in Victoria, South Australia and the Australian Capital Territory, and far shorter than the Northern Territory's twelve months. Eligible applicants include a spouse, a child, and, where the deceased left no spouse or children, a parent, along with a former spouse who was receiving or entitled to maintenance. The Court can extend the three months, but only before the estate is finally distributed; once distribution is complete, the door closes. Given the short window, anyone considering a claim should get advice as soon as a grant issues. Nothing here predicts a particular outcome; the Court decides, on the facts, whether adequate provision was made.

Dying without a will in Tasmania: intestacy

A person who dies domiciled in Tasmania without a valid will is intestate, and their estate is distributed under the standalone Intestacy Act 2010 (Tas), separate from the Administration and Probate Act 1935 (Tas); the older intestacy rules once in that Act were repealed when the Intestacy Act 2010 took effect on 1 January 2011. Broadly, a surviving spouse takes the whole estate where the deceased left no children, or left children only with that spouse. Where the deceased also left children from another relationship, the spouse instead takes a statutory legacy plus a share of the remainder, with the rest divided among the children. That legacy has a base figure of $350,000, adjusted under an Act formula tied to the Consumer Price Index since the December 2009 quarter. Because the Australian Bureau of Statistics has since rebased that CPI series, the current indexed figure cannot be reliably stated here; confirm it with the Probate Registry, the Public Trustee, or a solicitor. Where no spouse, children, or other eligible relatives survive, the estate can ultimately pass to the State.

Making a valid will in Tasmania: formalities and the beyond-reasonable-doubt dispensing power

A valid will in Tasmania must generally be in writing, made by a person aged 18 or over with testamentary capacity (with limited exceptions for minors), and signed by the testator before two witnesses who also sign, under the Wills Act 2008 (Tas). These formalities guard against fraud, mistake, and later disputes about the deceased's intentions. Tasmania's dispensing power is the outlier among the eight jurisdictions: under s 10, the Court may still recognise an improperly executed document as a valid will, alteration, or revocation, but only if satisfied beyond reasonable doubt the deceased intended it to have that effect. Every other Australian state and territory applies the ordinary civil standard, the balance of probabilities, to its equivalent power. Tasmania's higher, criminal standard makes an informal document, such as an unsigned draft, considerably harder to accept as a will than elsewhere, and it is no substitute for a properly witnessed one.

Enduring power of attorney in Tasmania: mandatory registration

An enduring power of attorney (EPA) in Tasmania, made under the Powers of Attorney Act 2000 (Tas), lets a person appoint someone to make financial and property decisions on their behalf, including after they lose capacity. It covers financial and property matters only; personal and health decisions sit outside its scope. Tasmania's EPA is distinctive for one reason above all others: under s 16, an enduring power of attorney has no legal effect at all unless registered with the Recorder of Titles, whether or not it deals with land. Among the eight Australian jurisdictions, Tasmania is the only one where registration is a precondition for the instrument to work at all, rather than optional or limited to particular dealings. A donor who signs an EPA but never lodges it for registration has, in practical terms, created a document with no legal force, so anyone relying on a Tasmanian EPA should confirm registration has actually been completed.

How does Tasmania compare to other states and territories?

Tasmania's three-month, from-grant family provision deadline sits at one extreme of a spread across the country. The Northern Territory allows twelve months from the grant, the longest grant-triggered limit in Australia. Victoria and the Australian Capital Territory both allow six months from the grant, twice Tasmania's period. A family that assumes a sibling state's timeframe applies in Tasmania risks losing the right to claim.

Tasmania's dispensing power and its mandatory EPA registration are similarly distinctive rather than typical. Anyone dealing with an estate connected to more than one jurisdiction should confirm the specific deadline, fee, and formality that applies where the grant is actually being handled, rather than assuming one jurisdiction's rules apply nationally.

For the broader picture, see the Australia wills and probate hub, how to apply for probate in Australia, and contesting a will in Australia.

This page presents general legal information about wills, probate, intestacy, family provision claims, and enduring powers of attorney in Tasmania only. It is not legal advice, verified as at 20 July 2026, and it does not account for your individual circumstances. For advice on a specific estate or claim, consult a legal practitioner admitted in Tasmania.

Frequently Asked Questions

How long do I have to contest a will in Tasmania?

Three months from the grant of probate or letters of administration, under the Testator's Family Maintenance Act 1912 (Tas) s 11(1), the shortest family-provision deadline in Australia. The Court can extend it, but only before the estate is finally distributed, so act well before the three months runs out.

How much does probate cost in Tasmania?

A tiered grant fee from $548.80 (estates under $50,000) to $2,338.28 ($5 million or more) for FY2026-27, set as a multiple of a fee unit re-indexed each 1 July. Reconfirm the schedule with the Court before filing.

Who can make a family provision claim in Tasmania?

A spouse, a child, or, where there is no surviving spouse or children, a parent, plus a former spouse who was receiving or entitled to maintenance. Eligibility does not guarantee a share; the Court decides whether adequate provision was made.

What happens if someone dies without a will in Tasmania?

The estate is distributed under the standalone Intestacy Act 2010 (Tas). A spouse generally takes the whole estate unless the deceased also left children from outside that relationship, in which case the spouse takes a statutory legacy (based on $350,000, CPI-adjusted from December 2009) plus a share of the balance.

Can an informal or unsigned document be accepted as a will in Tasmania?

Yes, but only if the Supreme Court is satisfied beyond reasonable doubt the deceased intended it as their will, under the Wills Act 2008 (Tas) s 10, a notably higher standard than the balance-of-probabilities test used elsewhere in Australia.

Does an enduring power of attorney need to be registered in Tasmania?

Yes. Under the Powers of Attorney Act 2000 (Tas) s 16, an EPA has no legal effect until registered with the Recorder of Titles, regardless of whether it deals with real estate, unique among Australian jurisdictions.

Does a Tasmanian enduring power of attorney cover medical decisions?

No. A Tasmanian EPA covers financial and property matters only; personal and health decisions are handled through a separate mechanism outside its scope.

Is there a small-estate exemption from probate in Tasmania?

Not a general one. The Public Trustee applies its own $30,000 threshold for estates it administers, but that is an administrative practice, not a statutory exemption for an independent executor.