{"id":"tas:sr-2017-004","name":"Probate Amendment Rules 2017","slug":"probate-amendment-rules-2017","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"4 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":186055,"registerId":"tas-tas:sr-2017-004-current","compilationNumber":null,"startDate":"2026-04-05","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 Rules 2017](/view/html/inforce/2026-04-12/sr-2017-004) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These Rules of Court take effect on 1 March 2017.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Principal Rules","content":"### 3 Principal Rules\n\n> In these Rules of Court, the *Probate Rules 1936* are referred to as the Principal Rules.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Rule 94 amended (Fees)","content":"### 4 Rule 94 amended (Fees)\n\n> Rule 94(1A) of the Principal Rules is amended by omitting *\"Probate Amendment Rules 2012\"* and substituting *\"Probate Amendment Rules 2017\"*.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Appendix amended","content":"### 5 Appendix amended\n\n> The Appendix to the Principal Rules is amended by omitting Part I and substituting the following Part:\n> \n> > > **PART 1 - Fees payable to Registrar**\n> > \n> > Rule 94\n> > \n> > |  | Item | Fee($) |\n> > | 1. | For provisional assessment of application documentation by Registrar | 150 (per provisional assessment) |\n> > | 2. | For a requisition | 50 |\n> > | 3. | 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 short form affidavit is less than $50 000 | 435 |\n> > |  | (b) if that gross value is equal to or greater than $50 000 but is less than $250 000 | 785 |\n> > |  | (c) if that gross value is equal to or greater than $250 000 but is less than $500 000 | 850 |\n> > |  | (d) if that gross value is equal to or greater than $500 000 but is less than $1 000 000 | 1 070 |\n> > |  | (e) if that gross value is equal to or greater than $1 000 000 but is less than $2 000 000 | 1 355 |\n> > |  | (f) if that gross value is equal to or greater than $2 000 000 but is less than $5 000 000 | 1 540 |\n> > |  | (g) if that gross value is equal to or greater than $5 000 000 | 1 850 |\n> > | 4. | For filing an election to administer an estate | 120 |\n> > | 5. | Searches, copies or certificates – |  |\n> > |  | (a) for a search | 30 |\n> > |  | (b) for exemplification | 270 |\n> > |  | (c) for an office copy of a document | 1 (each page or part of a page) |\n> > |  | (d) for preparation and certification of certified copies of documents | 50 |\n> > | 6. | For lodging a caveat | 50 |\n> > | 7. | For correcting a grant where the source of the error was not the Registry | 50 |\n\nA. M. BLOW\n\nChief Justice\n\nS. E. TENNENT\n\nPuisne Judge\n\nH. M. WOOD\n\nPuisne Judge\n\nS. P. ESTCOURT\n\nPuisne Judge\n\nR. W. PEARCE\n\nPuisne Judge\n\nM. J. BRETT\n\nPuisne Judge\n\nCountersigned,\n\nJ. A. CONNOLLY\n\nRegistrar\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 15 February 2017\n\nThese Rules of Court are administered in the Department of Justice.","sortOrder":4},{"sectionNumber":"Part 1","sectionType":"part","heading":"Fees payable to Registrar","content":"# Part 1 Fees payable to Registrar\n\nRule 94\n\n|  | Item | Fee($) |\n| 1. | For provisional assessment of application documentation by Registrar | 150 (per provisional assessment) |\n| 2. | For a requisition | 50 |\n| 3. | 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 short form affidavit is less than $50 000 | 435 |\n|  | (b) if that gross value is equal to or greater than $50 000 but is less than $250 000 | 785 |\n|  | (c) if that gross value is equal to or greater than $250 000 but is less than $500 000 | 850 |\n|  | (d) if that gross value is equal to or greater than $500 000 but is less than $1 000 000 | 1 070 |\n|  | (e) if that gross value is equal to or greater than $1 000 000 but is less than $2 000 000 | 1 355 |\n|  | (f) if that gross value is equal to or greater than $2 000 000 but is less than $5 000 000 | 1 540 |\n|  | (g) if that gross value is equal to or greater than $5 000 000 | 1 850 |\n| 4. | For filing an election to administer an estate | 120 |\n| 5. | Searches, copies or certificates – |  |\n|  | (a) for a search | 30 |\n|  | (b) for exemplification | 270 |\n|  | (c) for an office copy of a document | 1 (each page or part of a page) |\n|  | (d) for preparation and certification of certified copies of documents | 50 |\n| 6. | For lodging a caveat | 50 |\n| 7. | For correcting a grant where the source of the error was not the Registry | 50 |","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow purpose: setting court fees for probate matters. The 2017 version simply updates the fee amounts and reference year from the 2012 version, without expanding into new substantive areas."},"complexity_factors":["Very short instrument (5 operative rules plus schedule)","Single defined term ('Principal Rules')","No cross-references to external legislation except citation","Straightforward fee table with simple tiered structure based on estate value brackets","No conditional logic, exceptions, or discretionary powers","Mechanical amendment (updating a reference year and replacing a schedule)"],"plain_english_summary":"This legislation updates the fees that people must pay when dealing with deceased estates in Tasmania. It replaces the old fee schedule from 2012 with new prices effective from 1 March 2017.\n\n**What it does:**\n- **Probate** (court approval for executors to manage a will) and **letters of administration** (court appointment of someone to manage an estate when there's no will) now cost between $435 and $1,850 depending on the estate's total value\n- Smaller estates under $50,000 pay the lowest fee ($435); estates over $5 million pay the highest ($1,850)\n- Other services also have set fees: checking application documents ($150), requesting information from the court ($50), lodging a **caveat** (a formal objection to a grant being issued) ($50), and obtaining copies of documents ($1 per page)\n\n**Who it affects:**\n- Anyone applying to manage a deceased person's estate in Tasmania\n- Lawyers acting on behalf of estates\n- People searching court records or needing certified copies of probate documents\n\n**Why it matters:**\nCourt fees for probate had not been updated since 2012. These changes reflect current administrative costs and ensure the court system is properly funded. For most estates, the fees represent a modest increase, though the sliding scale means larger estates contribute more."},"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":"Based on the available information, the instrument appears to remain within its original intended scope of amending procedural rules for probate proceedings in the Tasmanian Supreme Court. No scope creep or expansion beyond technical court procedure updates is evident from the metadata provided."},"complexity_factors":["The document as provided contains only metadata and status information — no substantive amendment text is visible, preventing full analysis","Probate rules are procedural in nature, which are generally more straightforward than substantive law","Narrow jurisdiction (Tasmania only) limits cross-jurisdictional complexity","As a subordinate instrument (rules made under a parent Act), interpretation depends on the parent Act's framework, adding a layer of indirect complexity","Low public visibility — most people affected would be legal practitioners rather than laypeople directly"],"plain_english_summary":"## Probate Amendment Rules 2017 (Tasmania)\n\nThis is a **Tasmanian procedural instrument** that makes amendments to the existing Probate Rules — the formal rules that govern how courts handle **probate** (the legal process of validating a deceased person's will and authorising someone to manage their estate).\n\n**Who does this affect?**\n- Executors (people named in a will to carry out its instructions)\n- Administrators of deceased estates (where there is no valid will)\n- Lawyers practising in estate and succession law in Tasmania\n- Tasmanian Supreme Court staff processing probate applications\n\n**What does it do?**\nThe document itself (as provided) contains only the status and metadata information — the actual substantive amendment text has not been included in the excerpt provided. Based on its form, this is a subordinate legislative instrument (a set of rules made under a parent Act) that came into force on **1 March 2017** and has remained unchanged since.\n\n**Why does it matter?**\nChanges to probate rules can affect things like:\n- What documents you need to file when someone dies\n- Court fees and filing procedures\n- Timeframes for processing estate applications\n- Who can apply and how\n\n**Bottom line:** This is an administrative housekeeping instrument updating court procedures for deceased estates in Tasmania. Its practical impact is mainly felt by lawyers and court staff, though it can indirectly affect anyone dealing with a deceased person's estate in Tasmania."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/probate-amendment-rules-2017","history":"/api/acts/probate-amendment-rules-2017/history","analysis":"/api/acts/probate-amendment-rules-2017/analysis","conflicts":"/api/acts/probate-amendment-rules-2017/conflicts","importantCases":"/api/acts/probate-amendment-rules-2017/important-cases","documents":"/api/acts/probate-amendment-rules-2017/documents"}}