{"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":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Replaces Part I of the Appendix to the Probate Rules 1936 with a new fee schedule (Rule 94). The amendment changes the amounts and structure of fees payable to the Registrar for probate, letters of administration, resealing foreign grants, searches and certified copies. It is confined to fees and does not alter procedural eligibility, powers or substantive probate processes."},"complexity_factors":["Very narrow subject-matter: amends only the Appendix (Part I) fee schedule to the Principal Rules (Rule 94).","Clear numeric thresholds: three estate-value bands (<$50,000; $50,000–<$100,000; ≥$100,000) determine the primary fee levels.","Fixed, non-discretionary fees reduce interpretive complexity but create concrete cost impacts for applicants.","Cross-reference to the Principal Rules (requires locating the Principal Rules to see procedural context).","Low administrative complexity for the Registrar (collection straightforward) but a measurable compliance/cost impact on estate representatives."],"plain_english_summary":"**What this does:** Amends the Probate Rules 1936 by replacing the Appendix Part I fee schedule. It sets fixed fees for granting probate, letters of administration or resealing a foreign grant in three estate-value bands, and fixed fees for searches and certified copies (Rule 94).\n\n**Who pays and why it matters:** Applicants for probate, letters or resealing (typically executors, administrators or their agents) pay these fees to the Registrar. The rule fixes the direct cost of accessing probate services and therefore affects timing and demand for court-issued documents."},"issue_detection":{"absurdities":[],"contradictions":[]},"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":"This subordinate rule updates the court fees charged for probate and related services in Tasmania. It affects executors, administrators, lawyers and anyone dealing with a deceased person’s estate by changing how much probate and estate administration will cost. The amendment has been in force since 28 July 2004."}},"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"}}