Administration and Probate Act 1935

The Act defines a number of central concepts in s 3. Administration means letters of administration, whether general or limited, or with the will annexed; in Part VI it includes exemplification of such letters under seal of a competent court (s 3(1)). Administrator means a person to whom administration is granted. Probate means the probate of a will, and in Part VI includes exemplification of probate or other formal evidence under seal of a competent court (s 3(1)). Personal representative means the executor, original or by representation, or administrator for the time being of a deceased person (s 3(1)). Representation means the probate of a will and administration, and “taking out representation” refers to obtaining probate or a grant of administration (s 3(1)). Real estate under the Act (particularly Part II) includes chattels real, land in possession, remainder or reversion, and every interest in or over land to which the deceased was entitled at death, including real estate held on trust or by way of mortgage, but not money arising under a trust for sale of land nor money secured on land (s 6(1)). However, the general definition in s 3(1) for the whole Act defines real estate as any real estate including chattels real which by virtue of Part II devolves on the personal representative.

Personal chattels (relevant to the trust for sale in s 33) means carriages, horses, motor-cars, garden effects, domestic animals, plate, linen, china, glass, books, pictures, furniture, jewellery, articles of household or personal use or ornament, musical and scientific instruments, wines, liquors and consumable stores, but does not include chattels used for business purposes at the death nor money or securities for money (s 3(1)). Pecuniary legacy includes an annuity, a general legacy, a demonstrative legacy (so far as not discharged out of designated property), and any other general direction by a testator for payment of money, including all duties free from which a devise or bequest is made (s 3(1)). Trust corporation means The Public Trustee or a corporation authorised by any Act or appointed by the Court in any particular case to be a trustee (s 3(1)).

The Act creates the concept of the chain of representation in s 10. An executor of a sole or last surviving executor of a testator becomes the executor of that original testator, and so long as the chain is unbroken the last executor in the chain is the executor of every preceding testator. The chain is broken by an intestacy, failure to appoint an executor, or failure to obtain probate, but not by a temporary grant of administration if probate is later granted (s 10(3)). If the chain is broken, any beneficiary may appoint a trust corporation as executor, and acceptance of that appointment constitutes the trust corporation as executor (s 10(3A)). The Act also introduces the executor’s year: a personal representative is not bound to distribute the estate before the expiration of one year from the death (s 43(1)), and the Court may empower the representative to postpone realisation of the estate or carry on the deceased’s business (s 43(2)-(3)).

Residuary estate of the intestate is defined in s 33(4) as the residue of the money from sale and conversion, together with any investments representing it and any part of the estate retained unsold not required for administration purposes. The income of that residuary estate may be treated and applied as income from the death, with apportionment between life tenant and remainderman (s 33(5)).

The Act directly affects executors and administrators (personal representatives) who are charged with collecting, managing and distributing the estate of a deceased person. It also affects beneficiaries (devisees, legatees, next-of-kin) whose entitlements are determined by the will or, where the deceased died wholly or partially intestate, by the separate Intestacy Act 2010 (since Part V of this Act was repealed). Creditors of the deceased are affected because the Act provides that real and personal estate of the deceased are assets for payment of debts and liabilities, and any disposition by will inconsistent with that is void as against creditors (s 32(1)). The Act also affects purchasers of estate property: a conveyance by a personal representative to a purchaser for money or money’s worth is valid notwithstanding any subsequent revocation of representation (s 37), and an assent or conveyance may be challenged only by persons who are not purchasers (s 38). Trust corporations (including The Public Trustee) are specially empowered to act as executors or administrators, and the Act provides for their appointment and vesting of property (s 16). Infant beneficiaries are protected by provisions requiring at least two personal representatives or a trust corporation if a minority or life interest arises (s 14), and by the power of personal representatives to appoint trustees of infants’ property (s 41). Persons with mental incapacity are also considered: consent to appropriation may be given by an administrator or may not be required in certain circumstances (s 40(1)(b)-(d)). The Supreme Court is the Court with jurisdiction under the Act; it has power to grant representation, make administration orders, summon executors, and supervise the administration of estates (ss 7, 13, 19, 64). Creditors and other claimants benefit from the protection provisions in Part VII, which allow them to file claims after advertisement and to pursue legatees who have received assets (s 60). The Crown is affected insofar as the Act does not affect rights of the Crown in respect of duties payable under the Deceased Persons’ Estates Duties Act 1931 (s 33(6), s 66(2)). Residents of other jurisdictions are affected by Part VI on resealing of probate and administration from other States, Territories and reciprocating countries; such persons may apply to have foreign grants sealed in Tasmania, and then have the same rights and duties as if the grant had been made locally (s 48). Finally, any person who fraudulently obtains or retains estate property is liable as an executor de son own wrong (s 29), and any person who retains or conceals a will with intent to defraud is liable in damages (s 65).

Duty to collect and administer assets: The personal representative must take possession of and administer the real and personal estate, including property over which the deceased exercised a general power of appointment (s 33). For an intestate estate, there is a trust for sale of real estate and a duty to call in, sell and convert personal estate into money, with power to postpone sale (s 33(1)). Duty to pay debts and liabilities: The estate is liable for the deceased’s debts, whether by specialty or simple contract, and any testamentary disposition inconsistent with that is void as against creditors (s 32(1)). The order of application of assets for solvent estates is set out in Schedule II Part II; for insolvent estates, Schedule II Part II directs that funeral, testamentary and administration expenses have priority and then the rules of bankruptcy apply (Schedule II Part I, rule 2). Duty to exhibit inventory: When lawfully required, a personal representative must exhibit on oath in the Court a true and perfect inventory and account of the real and personal estate (s 26). Duty to distribute within the executor’s year: While the personal representative is not bound to distribute before one year from death (s 43(1)), distribution must be made in due course, and the representative may apply to court for power to postpone realisation or carry on the deceased’s business (s 43(2)-(3)). Duty to account: After advertising for claims, the personal representative must file with the Registrar an account of all assets, payments and distribution (s 56(1)), and upon filing is released from further claims except by those who filed claims or of whom the representative had notice (s 56(3)).

Rights of personal representative: The representative has a right of retainer to retain debts owing to the representative in his or her own right, and a right to prefer creditors, in respect of all assets (s 34(2)). The representative has powers of management, including the same powers as before the Act with respect to personal estate, plus all the powers of trustees for sale, including power to raise money by mortgage or charge (s 39(1)). The representative may appropriate any part of the real or personal estate in satisfaction of a legacy or share, subject to consents in certain cases (s 40). The representative may assent to the vesting of an estate or interest in the person entitled, and the assent operates to vest that interest and relates back to the death (s 36(1)-(2)). The representative may advertise for claims against the estate; after the specified date, the representative is at liberty to distribute assets in respect of claims of which he or she has notice (ss 54-55). The representative may apply to the Court for directions or for an order for due administration, and the Court may award commission up to 5 per cent and order interest for neglect (s 64). Rights of action: Causes of action vested in the deceased survive for the benefit of the estate, and causes of action subsisting against the deceased survive against the estate, with certain limitations on damages (s 27). The representative may also distrain for arrears of rent or rent-charge (s 27(7)-(8)).

Rights of beneficiaries: Beneficiaries may require an assent or conveyance (s 36), and may apply to the Court for vesting orders or directions if the representative refuses (s 42(2)). Beneficiaries may also appoint a trust corporation to be executor if the chain of representation is broken (s 10(3A)). Creditors may apply for security before resealing (s 51), and may follow property into the hands of non-purchasers (s 38). Purchasers are protected: a conveyance by a personal representative to a purchaser is not invalidated by notice that all debts and legacies have been discharged (s 36(6)), and is valid despite subsequent revocation of representation (s 37).

The Act does not create criminal offences, but it provides several civil remedies and consequences for misconduct by personal representatives or third parties.

Interest for neglect: If an executor or administrator neglects to pass accounts or dispose of the estate at the time and in the manner directed, the Court may, on the application of any person aggrieved, order the representative to pay interest at a rate not exceeding 8 per cent per annum on sums of money that have been in his or her hands, and also the costs occasioned by the application (s 64). The Court may also make any necessary orders for due administration and may award commission not exceeding 5 per cent for the representative’s pains and trouble (s 64).

Executor de son tort (wrongful intermeddling): Any person who, to the defrauding of creditors or without full valuable consideration, obtains, receives or holds any real or personal estate of a deceased person, or effects the release of any debt or liability due to the estate, is charged as executor in his or her own wrong to the extent of the property received or the debt released, after deducting any debt for valuable consideration due from the deceased and any proper payments made (s 29). This effectively makes the intermeddler personally liable to account as if they were a lawful personal representative.

Liability of the estate of a deceased personal representative: If a personal representative wastes or converts estate property to his or her own use and then dies, that representative’s own personal representative is liable to the extent of the defaulter’s available assets, as if the defaulter were still alive (s 30). This extends to an executor in his or her own wrong (s 30). Accordingly, a deceased representative’s estate remains accountable for breaches of duty.

Concealment of a will: Any person who retains or conceals a will (or is privy to such concealment) with intent to defraud any person is liable to an action for damages for any loss sustained by reason of the retention or concealment (s 65). The person defrauded, or any person claiming under that person, may sue.

Revocation of representation: If a representation is revoked, all payments and dispositions made in good faith to the personal representative under the revoked grant are a valid discharge; the representative who acted under the revoked grant may retain and reimburse himself or herself from the estate (s 28(2)). However, if a person makes a payment or disposition in good faith under a representation before revocation, that person is indemnified and protected (s 28(1)). After revocation, the new personal representative may bring proceedings against the former representative.

Tort claims against the estate: Proceedings in tort against the estate may only be maintained if proceedings were pending at death, or if the cause of action arose not earlier than 12 months before death and proceedings are taken not later than six months from the grant of probate or administration (or such extended time as a judge may allow) (s 27(5)-(6)). This limitation is enforceable and can bar claims.

Court enforcement powers: The Court may make all necessary orders for the due administration of the estate, and may make vesting orders or appoint a person to convey under the Trustee Act 1898 (s 38(2), s 42(2)). The Court also has powers to summon an executor to prove or renounce (s 7), to grant administration pendente lite (s 19), and to require security from a creditor’s application before resealing (s 51).

The Act interacts with numerous other Tasmanian and Commonwealth statutes, and with Imperial enactments.

Settled Land Act 1884: The Act adopts the same meanings for “tenant for life”, “land”, “settled land”, “settlement”, and “trustees of the settlement” as in that Act (s 3(1)). Power to appoint trustees of infants’ property under s 41 includes trustees for the purposes of the Settled Land Act 1884 in respect of any land devised or forming part of the residue.

Trustee Act 1898: The Act incorporates the provisions of the Trustee Act 1898 relating to vesting orders and the appointment of a person to convey (s 38(2)(d), s 42(2)). The powers of management under s 39 include all powers, discretions and duties conferred by law on trustees for sale.

Land Titles Act 1980: Several provisions distinguish between land subject to the Torrens system under that Act and other land. Assents for land under the Land Titles Act 1980 must be in the prescribed form rather than the form in Schedule IV (s 36(1)(b)). Registration of the personal representative as proprietor may be sought under s 62A(2) and s 98 of the Land Titles Act 1980. The Act also provides that vesting of land under s 16(5) does not apply to land under that Act; instead the syndic must transfer it.

Fatal Accidents Act 1934: The rights conferred by s 27 for the benefit of the deceased’s estate are in addition to and not in derogation of any rights conferred on dependants under the Fatal Accidents Act 1934 (s 27(9)). The same rules for causes of action against the estate apply to Fatal Accidents Act claims.

Deceased Persons’ Estates Duties Act 1931: Nothing in the Act affects the rights of the Crown in respect of any duty payable under that Act (s 33(6), s 66(2)). The duty must be paid before resealing under Part VI (s 50(1)).

Public Trustee Act 1930: The Act defines “trust corporation” to include The Public Trustee (s 3(1)). Section 54(10) provides that s 54(4) and (8) (advertising in other States/New Zealand/London and filing affidavit) do not apply if the net value of the estate does not exceed the prescribed amount under s 20A(1) of the Public Trustee Act 1930, reflecting a small estates concession.

Mental Health Act 2013: The Act refers to that Act for the meaning of “involuntary patient” in the context of consent to appropriation (s 40(1)(b)), and also the definition of mental disorder for the exception from consent (s 40(1)(d) as amended in 2015 references the Mental Health Act 2013).

Supreme Court Civil Procedure Act 1932: The judges may make Rules of Court for the purposes of the Act under their powers in that Act (s 67(2)). Schedule III, which contained transitional procedural rules, was repealed by subordinate legislation in 2017.

Australian Courts Act 1828 (Imperial): The Act provides that no Imperial enactment other than the Australian Courts Act 1828, so far as it relates to administration of estates, applies in respect of estates of persons dying after the commencement of the Act (s 2(2)). This ensures primacy of Tasmanian law.

Intestacy Act 2010: Part V (ss 44-47) of the Administration and Probate Act 1935 was repealed by the Intestacy Act 2010 (s 48). The distribution of intestate estates is now governed solely by the Intestacy Act 2010, though the Administration and Probate Act 1935 continues to govern the administrative framework (grants, duties of representatives, etc.). The former s 3(4) references to Part V must now be read as references to the Intestacy Act 2010.

Registration of Deeds Act 1935: An assent or vesting declaration affecting land not under the Torrens system may be registered under that Act (s 36(5C), s 62A(3)).

Other Acts: The Act also references the Justice and Related Legislation (Miscellaneous Amendments) Act 2008 (amending s 3 and s 40), the Mental Health Act 2013 (as above), and the Deceased Persons’ Estates Duties Act 1931.

The Administration and Probate Act 1935 has been amended many times. The original Act commenced on 14 March 1935. Key amendments include:

• 1951 (No. 50): Amended s 13 (discretion as to persons to whom administration granted) and inserted s 47A (interpretation for Part VI).
• 1965 (No. 55): Amended s 44 (repealed later) and s 64 (power to make orders).
• 1973 (No. 21): Amended s 23 (age of majority reduced to 18 following the Age of Majority Act).
• 1977 (S.R. 1977, No. 100): Made various amendments to s 2, s 27, s 34, s 36, s 44, s 53, s 67, and Schedules, updating references and repealing spent provisions.
• 1978 (No. 4): Important amending Act. Inserted new s 10(3A) and (3B) (chain of representation and appointment of trust corporation). Substituted s 36(1) to provide for assents, and added s 36(5A)-(5C). Inserted s 62A (joint tenancies under wills of testators dying before commencement). Amended Part VI heading and s 47A, s 48, s 53. Also amended the definition of “administration” in s 3 and made other changes.
• 1980 (No. 19): Referenced the Land Titles Act 1980 and made consequential amendments to s 16, s 36, s 42, s 62A, and Sch. IV.
• 1995 (No. 20): Amendments to marginal references and definitions (e.g., s 3).
• 2005 (No. 76): Inserted s 27(3A)-(3C) to allow damages for pain and suffering for dust-related conditions in certain circumstances.
• 2006 (No. 43): Amended s 27 to delete former subsection (2) and amend subsection (1) to clarify survival of causes of action.
• 2008 (No. 18): Inserted s 3(5) and (6) to preserve prescribed Probate Rules; amended s 40(1) regarding consent for appropriation.
• 2010 (No. 19): Repealed Part V (ss 44-47) and the definition of “prescribed amount” provision in s 44; this transferred intestacy distribution rules to the Intestacy Act 2010.
• 2013 (No. 69): Amended s 40(1) to update references to the Mental Health Act 2013.
• 2015 (No. 38): Inserted s 13A (grant of administration to adults), amended s 14(2) (appointment of additional personal representatives during minority/life interest), and repealed s 25 (administration bonds).
• 2017 (S.R. 2017, No. 69): Repealed Schedule III (transitional procedural rules).
• 2021 (No. 23?) Not in source, but note s 54(10) inserted by No. 23 of 2009 to exempt small estates from certain advertising requirements.

Several sections bear notations of amendment by 25 Geo. V No. 78 (a 1934 Act) and other early amendments. The Act also incorporates amendments from the Justice and Related Legislation (Miscellaneous Amendments) Act 2008 (s 4 et seq.). The overall structure remains that of a 1935 consolidating statute, heavily amended but with Parts I, II, III, IV, VI, VII and VIII still in force.

The Act itself does not cite any specific case law. However, its provisions have been the subject of judicial interpretation by the Supreme Court of Tasmania and other appellate courts. The survival of causes of action under s 27 has generated several decisions on the calculation of damages, the time limits in s 27(5) for tort claims against the estate, and the meaning of “cause of action”. The limitation provision in s 27(5)(b) (proceedings must be taken within six months of grant unless extended by a judge) has been examined in the context of applications for extension. Section 10 on the chain of representation has been considered in relation to the capacity of an executor of an executor to represent the original testator, and the effect of a broken chain. Section 14 on the number of personal representatives and the requirement for two individuals or a trust corporation where a minority or life interest arises has been litigated in contested administration applications. Section 36 on assents and conveyances has been interpreted to determine the effect of an assent on third parties and the rights of purchasers. Section 64 has been the basis for applications for commission and for orders requiring a personal representative to pass accounts. The Courts have also considered the effect of s 28 (protection of persons acting under a representation) and s 29 (executor de son tort) in cases of intermeddling. Part VI resealing provisions have been applied in numerous uncontested matters and occasionally contested where a caveat is lodged under s 49. The interaction with the Intestacy Act 2010 after the repeal of Part V has been noted in case law but the substantive distribution rules are now in that separate Act. Schedule II Part II (order of application of assets for solvent estates) has been applied in administration proceedings and in disputes about the burden of debts as between specific and residuary beneficiaries. Overall, the Act provides the default statutory regime for estate administration in Tasmania and is routinely cited in probate and administration litigation, though most administration matters are non-contentious.

Several provisions in the Act can trap the unwary personal representative or adviser.

1. Vesting of estate in Chief Justice before grant (s 12). Where a person dies intestate, the real and personal estate vests in the Chief Justice (or senior puisne judge) until administration is granted. This is an automatic vesting that can create confusion about who holds legal title during the gap between death and grant. It applies only to intestacy, not where there is an executor who proves.

2. Requirement for two individuals or a trust corporation if minority or life interest (s 14). If any beneficiary is an infant or a life interest arises, administration must be granted either to a trust corporation (with or without an individual) or to not less than two individuals. A single individual (other than a trust corporation) cannot be administrator in such cases. Furthermore, if there is only one personal representative not being a trust corporation, the Court may appoint additional representatives during the minority or life interest (s 14(2)).

3. Executor cannot act while administration is in force (s 18). Where administration has been granted in respect of any real or personal estate, no person has power to bring any action or otherwise act as executor until the grant has been recalled or revoked. This prevents a later proving executor from acting while an administration grant is still current.

4. Time limit for tort claims against the estate (s 27(5)). Proceedings in tort against the estate are not maintainable unless they were pending at death, or the cause of action arose not earlier than 12 months before death and proceedings are taken not later than six months from the grant of probate or administration (or such extended time as a judge allows). This short limitation period is often missed; claims must be brought quickly after the grant.

5. Damages limitations for death-caused actions (s 27(3)(c)). Where the death is caused by the act or omission giving rise to the cause of action, damages are calculated without reference to loss or gain consequent on death, do not include damages for pain and suffering or loss of expectation of life (except for dust-related conditions under s 27(3A)), and disregard future probable earnings.

6. Charges on property primarily payable out of the charged property (s 35). Unless the deceased signified a contrary intention, any mortgage, equitable charge or lien on property is primarily payable out of that property as between persons claiming through the deceased. A general direction to pay debts out of the estate does not constitute a contrary intention. This can surprise beneficiaries who receive property subject to an undischarged mortgage.

7. Assents and conveyances - purchaser protection but not absolute (s 36). An assent or conveyance to a purchaser for money or money’s worth is not invalidated by notice that all debts have been discharged (s 36(6)). However, in favour of a non-purchaser, the assent does not prejudice the right to follow the property (s 38). The statutory form of assent in Schedule IV must be used for land not under the Torrens system; for Torrens land the prescribed form under the Land Titles Act applies.

8. Appropriation requires consents (s 40). The power to appropriate estate property in satisfaction of a legacy or share is subject to consents from the person absolutely entitled (if in possession) or the trustee or income beneficiary (for settled interests). Consents are not required for persons not yet in existence, unascertained, or, in some cases, mentally incapacitated persons if the investment is authorised. An appropriation must not prejudicially affect a specific devise or bequest (s 40(1)(a)). If consents are not obtained, the appropriation may be challenged.

9. Executor’s year - not a free pass (s 43). While a personal representative is not bound to distribute before one year, this does not prevent earlier distribution if safe. Delaying beyond one year without justification may expose the representative to claims for interest (s 64). The court may allow postponement of realisation or carrying on the business, but only on application and with a direction.

10. Protection under Part VII requires strict compliance with advertising requirements (ss 54-56). To obtain a release after distribution, the personal representative must advertise for claims in the Gazette, in newspapers in Hobart and Launceston, and if necessary, in other States, New Zealand, or London, depending on where claimants may reside. The day specified must be within the prescribed number of months after publication. The advertising requirements also apply to further assets that come to hand later (s 61). Failure to advertise properly means the release does not protect the representative against claimants who were not notified, including residents of other States or New Zealand if not advertised there.

11. Filing of accounts is mandatory after advertising (s 56). After the claim day, the personal representative must file an account of all assets, payments, and distribution. Failure to file may prevent the release and may lead to court orders.

12. Insolvent estates - bankruptcy rules apply (Schedule II Part I). If the estate is insolvent, the rules of bankruptcy as in force at the death govern priorities among creditors, after funeral, testamentary and administration expenses. This is a different regime from the solvent estate order, and personal representatives must be alert to potential preferences and the need to administer impartially.

13. Repeal of Part V - intestacy rules now separate. The Act no longer contains the distribution rules for intestacy; those are in the Intestacy Act 2010. A practitioner referring to the Administration and Probate Act for intestacy entitlements will be misled if they rely on the repealed Part V.

14. Chain of representation can be broken (s 10). The chain is broken by an intestacy, failure to appoint an executor, or failure to obtain probate. A broken chain means the last executor does not automatically represent the earlier testator; separate representation may be needed. However, beneficiaries may appoint a trust corporation to repair the chain (s 10(3A)). The chain is not broken by a temporary grant of administration if probate is later granted.

Compliance with the Administration and Probate Act 1935 requires personal representatives to follow a structured process. The steps set out below assume a deceased person has died leaving property in Tasmania and that representation is required.

Step 1: Obtain a grant of representation. If there is a will naming executors, apply for probate. If no will, or if executors are unable or unwilling, apply for letters of administration. The application is made to the Supreme Court. Ensure the correct number of applicants: no more than four persons (s 14(1)). If there is a minority or life interest, either a trust corporation must be appointed or at least two individuals must apply (s 14(1)). An adult aged 18 or over may be granted administration even if not resident in Tasmania (s 13A). For trust corporations, follow s 16. For infant executors, administration with will annexed is granted to the guardian until the infant turns 18 (s 23). If the deceased died intestate, the estate vests in the Chief Justice pending grant (s 12); the personal representative should obtain the grant promptly to regularise title.

Step 2: Collect and value the estate. Identify all assets and liabilities, including real estate (s 4), personal property, and property over which the deceased had a general power of appointment (s 3(3)). Prepare an inventory if required (s 26). For an intestate estate, the personal representative holds the estate on trust for sale with power to postpone (s 33). Personal chattels should not be sold unless required for administration or for special reason (s 33(1)).

Step 3: Pay debts and liabilities in the correct order. For solvent estates, apply assets in the order in Schedule II Part II: first, property undisposed of by will (subject to retention for pecuniary legacies); then residuary gifts; then property specifically appropriated for debts; then property charged with debts; then the fund for legacies; then specific devises/bequests; then property appointed by will under a general power (Schedule II Part II). The will may vary this order (item 8). For insolvent estates, funeral, testamentary and administration expenses have priority, then the rules of bankruptcy apply (Schedule II Part I). The personal representative has a right of retainer for debts owed to himself or herself, and may prefer creditors (s 34(2)), but must exercise these rights carefully.

Step 4: Advertise for claims (Part VII). As soon as representation is granted, advertise for claims against the estate in the Gazette, newspapers in Hobart and Launceston, and if claimants are known to be in other States, New Zealand, or elsewhere, in appropriate newspapers (ss 54-55). The day for sending claims must be within specified periods: within 1-2 months after publication if only in Tasmania, 2-4 months if in other States/New Zealand, or 4-8 months if in London (s 54(7)). File an affidavit of advertisement (s 54(8)). The requirement to advertise outside Tasmania does not apply if the net estate does not exceed the prescribed amount under the Public Trustee Act 1930 (s 54(10)). After the claim day, distribute assets to those whose claims are known (s 55).

Step 5: File an account. After the claim day, file with the Registrar an account of all assets, payments, retentions, and distributions (s 56). This account must include names of legatees or next-of-kin. Upon filing, the personal representative is deemed to have duly administered the assets accounted for and is released from further claims except by those who filed claims or of whom the representative had notice, and except by residents of other States/New Zealand if not advertised there (s 56(3)). Further assets that later come to hand must be accounted for similarly (s 61).

Step 6: Distribute to beneficiaries. Use assents or conveyances to transfer legal title to beneficiaries or trustees. For land not under the Torrens system, use the form in Schedule IV; for Torrens land, use the prescribed form under the Land Titles Act 1980 (s 36(1)). Assents relate back to the death (s 36(2)). The personal representative may require security for duties, debts or liabilities before giving an assent (s 36(8)). For appropriations of specific property in satisfaction of a legacy, obtain the required consents (s 40). For infant beneficiaries, appoint trustees under s 41 if the will does not create a trust. For settled legacies or shares, appropriate property subject to the same trusts (s 40(6)).

Step 7: Manage the estate during administration. The personal representative has all the powers of a trustee for sale, including power to raise money by mortgage or charge (s 39). They may also apply to the Court for permission to postpone realisation or carry on the deceased’s business (s 43(2)-(3)). The executor’s year provides that the representative is not bound to distribute before one year from death (s 43(1)), but earlier distribution is permissible if prudent.

Step 8: Resealing if needed. If the deceased left property in Tasmania and probate or administration has been granted in another State, Territory or reciprocating country (including UK, New Zealand, Fiji, or a country proclaimed under s 53), apply to the Supreme Court for resealing under Part VI. Produce the original grant, deposit a verified copy, comply with caveat and duty requirements (ss 48-50), and give security if a creditor applies (s 51).

Step 9: Avoid common pitfalls. Do not intermeddle before grant. Do not distribute before advertising for claims. Ensure the correct number of representatives for minority/life interests. Observe the 6-month limitation for tort claims against the estate. Use proper forms for assents. Keep clear accounts. If the estate is insolvent, follow bankruptcy priorities. The Court may make orders for due administration (s 64) and may impose interest for neglect (8 per cent). A will that retains or conceals a will may face a claim for damages (s 65). By following these steps and the Act’s detailed provisions, a personal representative can administer the estate efficiently and obtain the statutory release under Part VII.