{"id":"tas:sr-2004-059","name":"Probate Amendment (Fees) Rules 2004","slug":"probate-amendment-fees-rules-2004","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"59 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":318139,"registerId":"tas-tas:sr-2004-059-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These Rules of Court may be cited as the [Probate Amendment (Fees) Rules 2004](/view/html/inforce/2026-04-12/sr-2004-059) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These Rules of Court take effect on the seventh day after the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Principal Rules","content":"### 3 Principal Rules\n\n> In these Rules of Court, the [Probate Rules 1936](/view/html/inforce/2026-04-12/sr-2004-059) are referred to as the Principal Rules.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Appendix amended","content":"### 4 Appendix amended\n\n> The Appendix to the Principal Rules is amended by omitting Part I and substituting the following Part:\n> \n> > > **PART I - Fees payable to Registrar**\n> > \n> > Rule 94\n> > \n> > |  | Item | Fee ($) |\n> > | 1. | For granting probate or letters of administration or for resealing a foreign grant – |  |\n> > |  | (a) if the gross value of the estate in Tasmania as stated in the oath is less than $50,000 | 100 |\n> > |  | (b) if that gross value is equal to or greater than $50,000 but is less than $100,000 | 250 |\n> > |  | (c) if that gross value is equal to or greater than $100,000 | 400 |\n> > | 2. | Searches, copies or certificates – |  |\n> > |  | (a) for search | 15 |\n> > |  | (b) for exemplification or a certified copy of a document | 50 |\n> > |  | (c) for preparation and sealing of a certified copy, or an exemplification, of any probate or letters of administration, or for resealing a foreign grant | 50 |\n\nW. J. E. Cox\n\nChief Justice\n\nP. G. Underwood\n\nPuisne Judge\n\nE. C. Crawford\n\nPuisne Judge\n\nP. W. Slicer\n\nPuisne Judge\n\nCountersigned,\n\nI. G. Ritchard\n\nRegistrar\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 21 July 2004\n\nThese Rules of Court are administered in the Department of Justice.","sortOrder":3},{"sectionNumber":"Part I","sectionType":"part","heading":"Fees payable to Registrar","content":"# Part I Fees payable to Registrar\n\nRule 94\n\n|  | Item | Fee ($) |\n| 1. | For granting probate or letters of administration or for resealing a foreign grant – |  |\n|  | (a) if the gross value of the estate in Tasmania as stated in the oath is less than $50,000 | 100 |\n|  | (b) if that gross value is equal to or greater than $50,000 but is less than $100,000 | 250 |\n|  | (c) if that gross value is equal to or greater than $100,000 | 400 |\n| 2. | Searches, copies or certificates – |  |\n|  | (a) for search | 15 |\n|  | (b) for exemplification or a certified copy of a document | 50 |\n|  | (c) for preparation and sealing of a certified copy, or an exemplification, of any probate or letters of administration, or for resealing a foreign grant | 50 |","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: updating court fees for probate matters. The amendment simply substitutes a new fee schedule for the old one without expanding into new substantive areas of law."},"complexity_factors":["Very short instrument (4 operative clauses plus schedule)","Only 1 defined term ('Principal Rules')","Simple substitution amendment — replaces entire Part I of Appendix without nested conditions","Fee structure uses straightforward tiered brackets based on estate value","No cross-references to other legislation except citation of parent Rules","No exceptions, exemptions, or conditional logic beyond the value thresholds"],"plain_english_summary":"This legislation updates the fees that people must pay to the Tasmanian Supreme Court when dealing with deceased estates. It replaces the old fee schedule in the Probate Rules 1936 with new amounts.\n\n**What it does:**\n- Sets out how much you pay the court registrar for probate (the legal process of proving a will) or letters of administration (court permission to manage an estate when there's no will)\n- Fees depend on the size of the estate:\n  - **Under $50,000**: $100\n  - **$50,000 to $100,000**: $250  \n  - **$100,000 or more**: $400\n- Also sets fees for searches ($15), certified copies ($50), and resealing foreign grants ($50) — 'resealing' means recognising a probate grant from another country or Australian state so it works in Tasmania\n\n**Who it affects:**\n- Anyone applying for probate or administration of a deceased estate in Tasmania\n- Executors, administrators, and lawyers handling estate matters\n\n**Why it matters:**\nCourt fees affect how much it costs to settle someone's affairs after they die. These 2004 rates (still showing as current in the provided text) determine the upfront cost of accessing the deceased's assets legally."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation does exactly what its title suggests — it amends probate fees. There is no indication of scope creep or expansion beyond its original administrative purpose of updating court fee amounts."},"complexity_factors":["Very narrow and administrative in nature — deals only with fee adjustments","Amending instrument only — must be read alongside the principal Probate Rules to understand full context","No substantive legal rights or obligations are created beyond updated fee amounts","Limited text available for analysis — the actual fee schedule/amounts are not reproduced here"],"plain_english_summary":"## Probate Amendment (Fees) Rules 2004 (Tasmania)\n\nThis is a **Tasmanian subordinate legislation** (rules made under an existing law, rather than a standalone Act) that **amends the fees charged** in the probate process.\n\n**What is probate?** When someone dies, their estate (property, money, and assets) often needs to go through a legal process called \"probate\" — where a court officially confirms the validity of a will and authorises someone (the executor) to manage and distribute the deceased's assets.\n\n**What does this law do?**\nIt simply updates or changes the fees that people must pay to the court when applying for probate or related services in Tasmania. This affects:\n- **Executors** (people named in a will to carry out its instructions)\n- **Administrators** (people appointed by a court to manage an estate when there's no valid will)\n- **Lawyers** handling deceased estates on behalf of families\n- **Ordinary Tasmanians** dealing with the death of a loved one\n\n**Why does it matter to you?**\nIf someone close to you dies and you need to go through the probate process in Tasmania, this law determines **how much you'll have to pay** in court fees. Fee changes can make the process more or less expensive for grieving families.\n\nThis rule has been in force since **28 July 2004** and has not been replaced since."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/probate-amendment-fees-rules-2004","history":"/api/acts/probate-amendment-fees-rules-2004/history","analysis":"/api/acts/probate-amendment-fees-rules-2004/analysis","conflicts":"/api/acts/probate-amendment-fees-rules-2004/conflicts","importantCases":"/api/acts/probate-amendment-fees-rules-2004/important-cases","documents":"/api/acts/probate-amendment-fees-rules-2004/documents"}}