Probate and deceased estate administration in South Australia

• Succession Act 2023 (SA) (SA)

  The single South Australian succession statute, in force from 1 January 2025. It covers wills, the right to inspect a deceased person's will (s 48), grants of probate and administration and the registration or resealing of interstate and overseas grants (s 57), the statement of assets and liabilities (s 71), the Public Trustee's small-estate procedure (s 73), the administration of deceased estates (Part 4), the intestacy rules (Part 5) and family provision claims (Part 6). It replaced the Administration and Probate Act 1919, the Wills Act 1936 and the Inheritance (Family Provision) Act 1972.

• Uniform Civil Rules 2020 (SA) (SA)

  The procedural rules for South Australian civil courts. Chapter 25 contains the probate rules that took effect on 1 January 2025, covering applications for grants, caveats, citations and contested probate proceedings. The probate forms are in Schedule 7.

• Trustee Act 1936 (SA) (SA)

  Applies to executors and administrators as well as other trustees. It supplies the power to invest (s 6), powers of maintenance and advancement (ss 33 and 33A), the procedure for calling for claims by notice before distributing (s 29), and the Court's power to relieve a trustee who has acted honestly and reasonably (s 56).

• Public Trustee Act 1995 (SA) (SA)

  Establishes the Public Trustee of South Australia. Section 9 lets the Court make an administration order in favour of the Public Trustee in set situations, for example where an intestate leaves no adult spouse, domestic partner or next of kin living in South Australia, or where an executor or person entitled to administration asks it in writing to apply. The separate small-estate procedure is in s 73 of the Succession Act 2023.

• Income Tax Assessment Act 1936 (Cth) (CTH)

  Division 6 contains the trust taxation rules that apply to a South Australian deceased estate, including the treatment of income to which a beneficiary is presently entitled.

• Bankruptcy Act 1966 (Cth) (CTH)

  Part XI allows the insolvent estate of a deceased person to be administered in bankruptcy rather than by the personal representative under state law.

• Supreme Court of South Australia - Probate Registry

  Has exclusive jurisdiction over matters involving a deceased estate in South Australia. The Probate Registry examines non-contentious applications for grants; contested probate actions are started through the Civil Registry and heard by a Justice or Associate Justice. CourtSA Registry services can be reached on (08) 8204 2444 or freecall 1800 571 191, 8.30 am to 5 pm on weekdays. The Probate Registry itself is open 9.30 am to 4.30 pm.

• CourtSA

  The online portal through which all South Australian probate lodgements are made, including applications for grants, caveats, searches for grants and applications, and downloads of issued grants. Grants are issued electronically; paper grants are not issued.

• Courts SA - applying for a grant

  Sets out, step by step, the minimum documents for an application for probate, letters of administration with or without the will, and registration or reseal of an interstate or overseas grant, and how to lodge the original will.

• Public Trustee South Australia

  The SA public trustee. It acts as executor where a will names it, can act as administrator where the beneficiaries consent or the Court makes an order, and can use the small-estate procedure in s 73 of the Succession Act 2023. Private administrators must give it a statement and account within 6 months of their grant (s 92).

• Land Services SA

  Handles lodgements for the South Australian land titles register, including an Application to register death by survivor (land held as joint tenants) and a Transmission Application (land held solely or as tenants in common) to deal with land held by a deceased owner.

1. 01Find the will and obtain the death certificate

   Locate the original will and any codicils, checking with the deceased's solicitor, bank and the Public Trustee. Do not remove staples or clips from the will. Order the death certificate from Births, Deaths and Marriages South Australia; an interim death certificate is accepted for a grant application.

   Typical timeframe: 2-6 weeks

2. 02Check whether a grant is needed

   List every asset and how it is held, and ask each bank, fund, share registry and Land Services SA whether it needs a grant. Land Services SA will not transfer land held solely or as tenants in common without one. A person holding up to $15,000 in money or personal property for the deceased can pay it to a surviving spouse, domestic partner or child without a grant (s 100), and the Public Trustee can administer some estates of up to $100,000 that consist only of personal property without a court grant (s 73).

   Typical timeframe: 2-6 weeks

3. 03Gather values and prepare the application

   Obtain date of death values for every asset and liability. Land must be valued by the Valuer-General (the figure on the council rates notice) or a licensed valuer. You enter these details in the CourtSA application, which generates the statement of assets and liabilities. An executor applying for probate no longer swears an oath unless the Registry asks for one, but an administrator must upload a signed and witnessed administrator's oath, and an oath is also needed to register an interstate grant or reseal an overseas grant. If you apply without a lawyer, your identity must be checked against 100 points of identification by an authorised witness, such as a justice of the peace.

   Typical timeframe: 4-8 weeks

4. 04Register and lodge through CourtSA

   Register for CourtSA, complete the grant application, upload the will scanned as one PDF and the death certificate, and pay the fee by credit card. Then print the Original Will Coversheet and lodge the original will, marked as rule 356.5 requires, in person (the Registry is open 9.30 am to 4.30 pm) or by registered post to the Probate Registry, Sir Samuel Way Building, 241-259 Victoria Square, Adelaide 5000, together with your original certificate of identity if you have no lawyer. For an interstate or overseas grant, lodge the original grant or an authenticated copy instead. The application is not considered until the originals arrive.

   Typical timeframe: 1-2 weeks

5. 05Registry examination and grant

   Probate Registry staff examine the application for compliance with the Succession Act 2023 and Chapter 25 of the Uniform Civil Rules 2020. Any requisition is sent by email and must be answered before the grant issues. Without the Court's leave, a grant does not issue within 30 days of the death. The grant and any Registrar's Certificates of Disclosure are issued electronically in CourtSA.

   Typical timeframe: Under 4 weeks for a straightforward, correctly lodged application; longer if requisitions issue

6. 06Collect the assets and settle liabilities

   Give asset holders a copy of the grant downloaded from CourtSA and, where they ask for it, the Registrar's Certificate of Disclosure. Open an estate account, close accounts, lodge tax returns and pay debts, funeral and administration expenses. If you are an administrator, give the Public Trustee a statement and account within 6 months of the grant.

   Typical timeframe: 2-6 months

7. 07Distribute and account to beneficiaries

   Once the 6-month family provision period after the grant has passed without notice of a claim and all liabilities are settled, distribute the estate and give beneficiaries a statement of the estate accounts.

   Typical timeframe: 6-18 months from death

South Australian probate costs have three parts. First, the Supreme Court lodgement fee, set by the estate's gross value. From 1 July 2026 it is $1,020 for an estate of $200,000 or less, $2,038 for more than $200,000 up to $500,000, $2,715 for more than $500,000 up to $1 million, and $4,075 for more than $1 million. The same scale applies to registering or resealing an interstate or overseas grant, and a caveat costs $45.75. Fees are reviewed each financial year, so check Courts SA before you pay. Second, legal fees if you use a lawyer, normally paid from the estate. Third, administration expenses such as valuations, title searches, Land Services SA fees, insurance and accountancy. You can lodge through CourtSA without a lawyer, but Courts SA warns that a personal application is far more onerous than many people expect. The Public Trustee charges commission on a reducing scale of no more than 4.4% of the estate's gross capital value, plus other set fees. An executor or administrator can be reimbursed from the estate for expenses incurred in the administration (s 35(2) Trustee Act 1936), and the Court can allow commission out of the estate (s 96 Succession Act 2023).