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When there is no valid will, intestacy rules may determine who receives the estate. The person organising the paperwork does not get to choose the beneficiaries. This guide helps families in Tasmania prepare for advice and the administration process.
First establish whether there is a will
Record where documents have been sought and who has been contacted. Keep copies, drafts and any correspondence about wills together. A will that cannot be found, a document of doubtful validity and a will that leaves some property undisposed of are different problems. Do not discard documents or conclude that intestacy applies simply because the family has not located an original.
The local framework
Tasmania uses the Intestacy Act 2010. The Public Trustee explains that establishing the family tree with certificate evidence can be an important part of administering an intestate estate, particularly where relatives are overseas or difficult to trace. The court-selected administrator may not be the person the deceased would have chosen. Keep evidence of relationships rather than relying only on family recollections.
Official Tasmania intestacy information
Who can administer the estate?
The person entitled to apply and the people entitled to inherit are related but distinct questions. Where a grant is required, letters of administration provide the court authority for the appointed administrator. Do not treat a family vote, a funeral arrangement or previous access to a bank account as the court’s appointment.
Court guidance on administration applications
Prepare the family and asset evidence
Create a dated family summary identifying marriages, partnerships, children, deceased relatives and any uncertainty. Ask your adviser which certificates or other evidence are required. Record facts you know separately from facts you have only been told. Explain overseas relationships, changed names, adoption and missing relatives rather than forcing them into a simplified online chart.
Prepare an asset list showing ownership, location and any nominated recipients or payment arrangements. Not every item associated with the deceased necessarily passes through the estate. Ask about jointly owned assets, superannuation, insurance and trusts before adding them to an inheritance calculation.
Why an inheritance estimate can be misleading
An estimate may change when ownership, liabilities, eligible relationships or the applicable law are clarified. A gross asset value is not automatically the amount available for beneficiaries. Do not promise a percentage or dollar payment based on another family’s experience or an online example.
A situation worth checking
Two relatives have different copies of a will and neither knows where the original is. Record both versions and their provenance. A standard application kit should not be used to decide which document is legally effective.
Disagreement, missing relatives and claims
Tell your adviser early if people disagree about a relationship, an asset, the appropriate applicant or a potential claim. Keep relevant correspondence and avoid distributing disputed property while trying to settle the issue informally. This guide does not determine eligibility to claim or any time limit; urgent advice may be necessary.
Questions to take to a lawyer
- Does intestacy apply to all of the estate or only part of it?
- Which law applies, including the law in force for the date of death?
- Who may apply, and what consents or evidence are needed?
- Who is entitled, and which relationships remain to be proved?
- What must be resolved before distribution, and what deadlines apply?
Bring the documents you have even if the picture is incomplete. An organised list of gaps is more useful than a confident but unsupported family tree or asset valuation.
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