Letters of Administration in South Australia
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Letters of Administration in South Australia
When someone passes away without a valid will in South Australia, the Supreme Court of South Australia can grant Letters of Administration to an eligible person, giving them authority to administer the deceased person's estate. The process is governed by the Succession Act 2023 (SA).
When Are Letters of Administration Required?
Letters of Administration are required when a person dies without a valid will (known as dying “intestate”) and holds assets solely in their name. The next of kin cannot access bank accounts, property or shares without a grant.
They may also be required when a will exists but no executor is able or willing to act.
How Is It Different from Probate?
Probate applies when there is a valid will and a named executor. Letters of Administration apply when there is no will or no executor is available. The administrator may need to provide a bond to the court (requirements vary by state), and the estate is distributed under intestacy laws rather than the will.
SA Letters of Administration: Quick Reference
Court Fees
$987 – $3,945
Based on estate value
Timeline
3–9 weeks
Standard applications
Notice Period
Not required
SA has no notice requirement
Admin Bond
Abolished
For deaths on/after 26 Jun 2014
Court Filing Fees
The Supreme Court of South Australia charges filing fees for Letters of Administration based on the gross value of the deceased estate. The fees are the same as for probate applications.
| Gross Estate Value | Filing Fee |
|---|---|
| Up to $200,000 | $987 |
| $200,001 – $500,000 | $1,973 |
| $500,001 – $1,000,000 | $2,628 |
| Over $1,000,000 | $3,945 |
Administration Bond
Administration bonds were abolished in South Australia for estates where the deceased died on or after 26 June 2014. For deaths before that date, the court may still require a bond, generally set at twice the value of the personal estate. In most contemporary applications, no bond is required.
Note: Fees are set by the Courts Administration Authority of South Australia and are typically updated on 1 July each year. Fees shown are current as of 1 July 2025. Always confirm current fees with the court before lodging your application.
Who Can Apply
Under the Succession Act 2023 (SA), the following persons may apply for Letters of Administration, in order of priority:
- Surviving spouse or domestic partner
The surviving spouse or domestic partner of the deceased has first priority to apply.
- Children of the deceased
If there is no surviving spouse or domestic partner, the deceased's children may apply.
- Parents of the deceased
Parents may apply if there is no surviving spouse or children.
- Siblings of the deceased
Brothers and sisters may apply if no higher-priority applicant is available.
- Other next of kin
Other next of kin according to degree of relationship may apply in the absence of closer relatives.
- Creditor of the estate
A creditor of the estate may apply if no eligible relatives are available or willing.
- Any other person the court considers appropriate
The court retains discretion to appoint any person it considers suitable.
If the person with the highest priority does not wish to apply, they must provide a formal renunciation.
The Application Process in South Australia
The application process involves the following steps:
- Obtain the death certificate
You will need an official death certificate from Consumer and Business Services South Australia (Births, Deaths and Marriages).
- Identify the estate assets and liabilities
Compile a comprehensive inventory of all assets and liabilities of the deceased.
- Complete the required court forms
Prepare the application for a grant of letters of administration, supporting affidavits, and the schedule of assets and liabilities.
- Lodge the application electronically
All applications are now lodged electronically through the CourtSA system.
- Court processing
The Probate Registry will review the application and, if satisfied, issue the grant.
Distribution of the Estate
Once the grant is issued, the administrator must distribute the estate in accordance with the intestacy provisions of the Succession Act 2023 (SA). The surviving spouse or domestic partner generally receives a preferential share, with the remainder distributed among other eligible relatives.
Required Forms for Letters of Administration in South Australia
The following forms are required for a Letters of Administration application in South Australia:
- Application for Grant of Letters of Administration: The primary court document to initiate the application.
- Affidavit of Applicant for Letters of Administration: A sworn statement by the applicant confirming the death, the intestacy, and the applicant's entitlement.
- Schedule of Assets and Liabilities: A detailed inventory of all estate assets and liabilities with estimated values.
- Renunciation: If a person with higher priority has renounced their right to apply.
- Administration Bond: Only required for estates where the deceased died before 26 June 2014. For deaths on or after that date, bonds have been abolished.
- Consent of Beneficiaries: Written consent from all persons entitled under the intestacy may assist in dispensing with the bond requirement.
Forms can be obtained from the Supreme Court of South Australia website. All affidavits must be sworn or affirmed before an authorised witness.
Processing Times for Letters of Administration in South Australia
The timeline for obtaining Letters of Administration in South Australia is generally as follows:
- Preparation of documents: 1 to 3 weeks, depending on the complexity of the estate.
- Court processing: The Probate Registry typically takes 2 to 6 weeks to process an application after filing.
- Total estimated timeframe: 3 to 9 weeks from start to grant.
Note: Delays may occur if documents are incomplete or if there are competing claims to the estate.
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After the Grant Is Issued
Once the grant is issued, the administrator can begin managing the estate:
- Notify asset holders: Present the grant to banks, share registries and other institutions to access assets.
- Pay debts and expenses: Settle outstanding debts, taxes, funeral costs and administration expenses.
- Lodge a distribution notice: Publish a notice of intended distribution and wait the required period (which varies by state). This protects the administrator against unknown creditors or claims.
- Distribute assets: Once all debts are paid and notice periods have elapsed, distribute the estate to beneficiaries under the intestacy rules.
- Keep records: Retain all estate administration documents for future reference.
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Top questions about letters of administration in South Australia
What are Letters of Administration?
Letters of Administration is a court order made by the Court which allows the Administrator (the person who is appointed by the court) to distribute the assets of the deceased who died without a valid will.
Who applies for Letters of Administration?
If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who:
- can apply for Letters of Administration; and
- receives the assets of the deceased’s estate.
This is known as the 'rules of intestacy'.
The grant of administration is usually made to the deceased's 'next of kin', which is the deceased's closest relative.
The Court will usually grant administration to the following ‘next of kin’ (in order of priority):
- the spouse or de facto spouse of the deceased;
- spouse and children;
- children;
- parents;
- brothers and sisters;
- grandparents;
- aunts and uncles; or
- any other person the Court thinks fit.
How long do Letters of Administration take?
In general, obtaining Letters of Administration will take approximately 8 to 15 weeks from the date the application for Letters of administration was filed with the Court (depending on the Courts backlog of applications).
How long do you have to apply for Letters of Administration?
Time is of the essence when it comes to Letters of Administration applications. You must submit your LOA application within six months of the deceased person’s death.
If you’re filing outside of this time frame, you will need to provide satisfactory reasoning as to why you’ve deferred your application. The bottom line is that delaying an application is a potential cause for a range of related complications depending on the circumstances.
We strongly recommend submitting your LOA applications as soon as possible to avoid any unnecessary issues.
What happens if a Will is discovered later?
If a Will is discovered following the grant of Letters of Administration, the appointed Executor must be informed, and the original granted order will be revoked.
In most cases, the Supreme Court will grant Probate to the rightful Executor outlined in the newly discovered Will with the administration of the estate proceeding as intended by the Will-maker.
Does it cost to file Letters of Administration?
There are costs and fees associated with filing for Letters of Administration as there are with many legal services. These costs or expenses vary between states and are also largely affected by the contents, value and overall nature of the estate.
Contact us today to discuss fees and costs involved with filing a Letters of Administration application to your local state’s court and registrar.
What happens to the deceased’s estate if there is no Will?
If there is no Will or an existing will is determined no longer valid, different states and territories will have different laws in this regard.
Generally speaking, state legislation and its respective rules of intestacy usually (but not always), dictate that an intestate death means the estate will be transferred to the next of kin, such as a spouse or children under these types of circumstances.
Please review your local state’s Successions Act or other legislation for specific rules and details.
What is the difference between Probate and Letters of Administration?
Probate is issued by the Court to the Executor(s) named in the Will of the individual who has passed away.
Letters of Administration is a grant by the Court to a person other than a named executor or executors such as a close relation of the individual who passed away because the individual passed away without a Will (intestate), did not name an executor in a valid will or the Executor is unwilling or unable to act.
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