Pre‑filing checklist and timing. Prepare and publish the notice of intention on the Court’s website at least 14 days before filing (rule 33(1)). For reseals, follow the equivalent reseal notice process under rule 61. Provide the Registrar with an electronic copy of the notice (rule 33(3), rule 61(3)). Time your lodgement so the statutory 14‑day period elapses before you file.
Use approved forms and typed documents. Prepare all affidavits, applications and annexures in the approved forms and ensure all documents are typed unless the Registrar permits otherwise (rules 3, 31, 34(1), 40(1), 55(1)). Confirm the current approved forms with the Probate Registry.
Affidavit standards and witnesses. Ensure affidavits are sworn before a person specified in Supreme Court Rules 2000 rule 511 or 512, an Australian legal practitioner acting for the deponent, or an employee/agent of such a practitioner as allowed (rule 30(1)). Do not swear an affidavit before an executor of the estate to which the affidavit relates (rule 30(2)). Include all matters required by the local approved form, including undertakings to correct inaccuracies (rules 40(2)(m)-(n), 55(2)(n)-(o)).
Inventory and valuation. Complete the inventory of assets and liabilities in the approved form and include jurisdiction of each asset, gross value assessments and sources of valuations as required by rule 35. If values are uncertain or the estate has assets outside Tasmania, make careful note of jurisdictional location and consider whether the Registrar will require verification.
Exhibit the will correctly. Exhibit the will to the supporting affidavit in approved form and ensure the exhibit is signed by the applicant and by the person before whom the affidavit is sworn (rule 41(2)). If the original will is detained in a foreign court, produce the authenticated copy and certified translation where necessary (rule 43). If relying on an oral will or a copy, seek leave of the Court under rule 54 and provide the required affidavit evidence.
Death and vital records. Annex an original extract of the death registration record under the Births, Deaths and Marriages Registration Act 1999 or an equivalent certified copy under a corresponding law (rules 41(1)(a), 56(1)(a)). If the death is not established through a registration, apply for leave under rule 88 and annex the sealed copy of any order allowing swearing to the death.
Caveat and citation strategy. If you intend to oppose a grant, lodge a caveat in an approved form signed and dated by the caveator or their practitioner (rule 78). If you seek to compel another person to apply, request a citation from the Registrar and lodge a caveat to prevent grant before the citation process begins (rule 85(1), rule 85(4)). If the Registrar gives notice under rule 79, be ready to serve and file a statement of grounds and, if necessary, commence proceedings within 28 days to preserve the caveat (rule 80(2)-(3)).
Security and bond preparation. If the Registrar may require security, consider arranging undertakings, deeds or administration bonds in the approved form and obtain responsible sureties (rules 72-76). Provide affidavits verifying sureties’ property where required (rule 76). Ensure bond signing is witnessed in accordance with rule 73 and that practitioners do not witness bonds for clients they represent where restricted.
Reseal compliance. For reseals, prepare the affidavit required under rule 62, exhibit the original foreign grant and a certified copy as required by rule 63, undertake the caveat search affidavit (rule 64) and declare in the affidavit the statutory public notices that were published per section 49 of the Act (rule 62(k)). Check rule 66 constraints where the issuing court’s jurisdiction differs from the deceased’s domicile.
Service and personal delivery. Plan for personal service of documents unless the Court, a judge or the Registrar directs otherwise (rule 32). Where process requires personal service within tight timeframes (e.g. citations), document and verify service in supporting affidavits as required by the Registrar.
Fees and financials. Pay the correct Registry fees set out in Schedule 1, including the tiered grant fee based on the gross value of the Tasmanian estate (Schedule 1 item 4), provisional assessment fees for draft documentation (Schedule 1 items 1-2), caveat lodgement fees (Schedule 1 item 7) and any fees for corrections or copies (Schedule 1 items 6 and 8). Keep records of fee payments and be prepared to justify the gross Tasmanian value used for fee calculation.
Foreign law and translation steps. If relying on foreign rules of execution provide an affidavit by a practitioner qualified in that foreign jurisdiction identifying the foreign law provisions relied on and stating that the will conforms to that law (rule 47). For international wills under the 1973 Convention, provide the Article 10 certificate and compliant international will per rule 48.
Responding to Registrar requisitions. Use rule 11 to submit draft documents for provisional assessment by the Registrar to reduce the risk of requisitions. If requisitions are made, respond promptly; Schedule 1 item 3 sets a fee for requisitions. If the Registrar refers a matter to Court or judge under rule 8, comply with the Registrar’s notification and send sealed or Registry‑certified copies of any judicial order once made (rule 9).
Record maintenance and transparency. Keep a full record of advertisements and online publication, certified copies of attachments, translated documents, caveat filing confirmations and verification of personal service. These records will be needed for the affidavit annexures required by rules 41, 56 and 62 and to respond to any Registry query.
When in doubt, seek judicial direction. If the matter involves multiple claimants in excess of four, complex foreign law issues, questions of capacity or interlineations whose validity is in doubt, consider seeking a judge’s direction rather than a Registrar grant (rules 6(1)(c), 46, 49). The Rules contemplate Court referral and reserve to the Court the authority to address such contested questions (rules 7, 8, 26).
Following these steps, and confirming current approved forms and any practice directions at the Probate Registry, will align practice with the formal requirements set out in these Rules.