A Complete Guide to Probate and Letters of Administration in SA

When a resident of South Australia dies, either a Grant of Probate or Letters of Administration application must be lodged for a person to be legally appointed the responsibility to:

  • Access finances, assets and belongings 
  • Distribute the estate as intended, and
  • Carry out any requests and wishes outlined in the Will. 

Our guide will explain and instruct you on how to:

  • Successfully submit a Grant of Probate Application, and
  • Apply for Letters of Administration where required

Minimum Documents required – SA Probate and Letters of Administration Application

A number of documents are required to submit a Grant of Probate application in South Australia. Additional documents other than those stated below may also be requested by The Supreme Court before a grant is finalised.

You’ll need to obtain the following documents:

  • Statements of Assets and Liabilities 
  • Original Will & Codicils(s)
  • Original Death Certificate

Filing for a Grant in SA – Processes for Probate & Letters of Administration

All grant applications in South Australia must be submitted online via a registered CourtSA account.

Probate Application in SA

A Grant of Probate application must be filed when a person dies leaving a Will including a nominated Executor. 

Required documentation is submitted to the Registry following an assessment and decision made by The Supreme Court of SA.

You’ll need to wait to be granted Probate before you’re allowed to distribute the deceased’s estate. 

Who can apply for a Grant of Probate in SA?

Grant of Probate applications are to be lodged by the Executor(s) to the Will only.

Letters of Administration Application in SA

A person may need to apply for Letters of Administration in SA following a person’s death where either the person died:

  • Without leaving a Will at all, or
  • Leaving a Will without nominating an Executor, or 
  • An Executor was named but has since deceased or no longer has the capacity to take on the role of Executor.

Who can apply for Letters of Administration in SA?

A Letters of Administration application can be lodged by one or multiple people when a mentioning of an Executor to distribute an estate is non-existent. While anyone can apply, the most suitable applicants are generally:

  • A spouse
  • Children
  • Siblings, or
  • Another close relative or family friend

The Supreme Court of SA will determine a ‘suitable person’ to distribute the estate based on the circumstances involved with the application.

Important Things to Note – SA Applications

You must register with CourtSA and create an online account to lodge a Grant application in South Australia.

It is not necessary to submit any form of notice of intention to apply for a Grant in South Australia prior to filing an application.

Processing times are approximate and are subject to a number of circumstantial factors. 

How long should I wait to file a Grant of Probate or Letters of Administration application in SA?

You should apply for either a Probate or Letters of Administration grant as soon as possible. The Supreme Court of SA requires you to file your application within 6 months of a resident’s death.

You may be exempt from this time frame if a genuine and eligible reason can be provided for a delay.

How do I file for Probate in SA?

1. Obtain all documents required including:

  • Statements of Assets and Liabilities 
  • Original Will & Codicils(s)
  • Original Death Certificate

2. Create and login to your CourtSA account online at courts.sa.gov.au  

3. Follow the instructions within the CourtSA portal, uploading your Statements of Assets and Liabilities and any other supporting documentation requested.

4. Submit the application and pay the filing fee online.

5. Print the Original Will Coversheet provided after lodging, fill in your details and post it to the Probate Registry along with the Original Will.

How do I file for Letters of Administrationin SA?

1. As the deceased’s closest next of kin you’ll need to prepare the following documents for Letters of Administration:

  • Statements of Assets and Liabilities 
  • Original Will & Codicils(s) – Letters of Administration (With Will)
  • Original Death Certificate

2. Create and login to your CourtSA account online at courts.sa.gov.au  

3. Follow the instructions within the CourtSA portal, uploading your Statements of Assets and Liabilities and any other supporting documentation requested.

4. Submit the application and pay the filing fee online.

What does it cost to file for a Grant of Probate or Letters of Administration in SA?

You may be required to pay several fees when applying for a Probate or Letters of Administration grant in SA including:

  • Probate & Letters of Administration Fees
  • A filing fee according to the estimated gross value of the estate.

Estimated Value of Estate

Fee

< $200,000

$200,001 – $500.000

$500,001 – $1,000,000

> $1,000,001 

$853

$1,706

$2,273

$3,410

When will I have a decision regarding my Grant of Probate or Letters of Administration in SA?

Probate and Letters of Administration applications vary and depend on personal circumstances, special considerations and a range of other complexities involved with a person’s death.

Waiting periods for Grants in SA are generally between 1-6 weeks from the date The Court receives the application.

Answering Requisition Requests

Oftentimes issues arise regarding Probate and Letters of Administration grant applications. These problems need to be rectified through means of answering a requisition and are commonly due to:

  • Errors made on forms
  • Discrepancies relating to details, or
  • Failing to supply the correct/sufficient documentation

What happens if there are issues with my application?

The Court will notify you and request a requisition to amend any issues, clarify or confirm details, provide further documentation or for a number of other reasons until the application is satisfactory.

As requisition requests generally delay processing times, its crucial to ensure initial applications are correctly filed.

Get in touch with an expert to further discuss Probate or Letters of Administration grant applications, how to apply or filing and processing requirements relating to all Australian states.

Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice