Probate in SA

Local probate rules. Handled with care.

Probate in South Australia is lodged through the Supreme Court of South Australia. Our in-house lawyers prepare the paperwork, deal with the court, and keep the estate moving for a fixed fee.

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State guide

What probate means in South Australia.

Probate is the court’s confirmation that a Will is valid and that the executor has authority to administer the deceased person’s estate. In South Australia, the application is made to the Supreme Court of South Australia.

The process is governed by the Succession Act 2023 (SA). Banks, super funds, and property registries often need the grant before releasing or transferring assets.

If there is no valid Will, the next step is usually Letters of Administration in South Australia instead.

SA details

Filing fees, forms, and timing.

The court process varies by state. These notes cover the practical details executors usually need before they lodge.

SA Probate: Quick Reference

Court Fees

$987 – $3,945

Based on estate value

Timeline

2–4 weeks

Standard applications

Notice Period

Not required

SA has no notice requirement

Filing

Electronic

CourtSA system

Court Filing Fees

The Supreme Court of South Australia charges probate filing fees based on the gross value of the deceased estate. The Succession Act 2023 (SA), which commenced on 1 January 2025, now governs probate matters in South Australia.

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

Additional Costs

  • Entering or withdrawing a caveat: $44.25

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 and subject to change. Always confirm current fees with the court before lodging your application.

The Probate Process in South Australia

Applying for a Grant of Probate in South Australia is governed by the Succession Act 2023 (SA), which commenced on 1 January 2025, replacing the former Administration and Probate Act 1919. Applications are made to the Probate Registry of the Supreme Court of South Australia.

  1. Locate the Will and gather documents

    Obtain the original will, the death certificate, and identify all assets and liabilities of the estate.

  2. Prepare the application

    Complete the required application form, supporting affidavits, and a full schedule of assets and liabilities.

  3. Lodge the application electronically

    File all documents with the Probate Registry via the CourtSA system, together with the applicable filing fee.

  4. Court review and grant

    The Registrar reviews the application. If satisfied, a Grant of Probate is issued authorising the executor to deal with the estate.

Under the new Succession Act 2023, there are enhanced requirements for executors regarding accountability and reporting on estate administration.

Required Forms for Probate in South Australia

Probate applications in South Australia require the following key documents under the Succession Act 2023 and the Supreme Court Probate Rules:

  • Application for Grant of Probate: The primary application form filed with the Probate Registry.
  • Affidavit of the Applicant: A sworn statement by the executor providing details about the deceased, the Will, and the estate.
  • Schedule of Assets and Liabilities: A comprehensive list of all estate assets and their values at the date of death, as well as any liabilities.
  • Original Will and Codicils: The original will must be filed with the court.
  • Death Certificate: A certified copy of the death certificate.

Additional affidavits may be required depending on the circumstances, such as where the Will contains alterations or the executor needs to explain any irregularities. Forms and guidance are available from the Courts SA website.

Processing Times for Probate in South Australia

The time to obtain a Grant of Probate in South Australia depends on the complexity of the estate and the completeness of the application.

  • Straightforward applications: Typically processed within 2 to 4 weeks from lodgement.
  • Applications with requisitions: If the Registrar requests further information or corrections, processing may take 8 to 14 weeks.
  • Complex estates: Estates involving disputes, multiple jurisdictions, or unusual circumstances may take significantly longer.

The new Succession Act 2023 aims to modernise and streamline estate administration in South Australia. Ensuring your application is complete and accurate remains the best way to avoid delays.

How it works

Three quiet steps.

  1. Start with a free call.

    We spend about 20 minutes understanding the estate, explaining the state court process, and giving you a clear fixed-fee quote.

  2. We prepare and lodge.

    Your solicitor drafts the application, gathers the supporting documents, and lodges with the Supreme Court.

  3. The grant is issued.

    You receive the grant of probate and the authority to deal with banks, super funds, property registries, and other asset holders.

Talk it through

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Top questions about probate in South Australia

See all FAQs
What is Probate?

Probate is a legal document issued by the Court affirming that the Will of a deceased person has been verified and registered in the Court and that the executor named in the Will has been given the authority to administer the estate. Once the Will is verified by the Court, the Executor can administer the deceased’s estate by collecting the deceased’s assets, paying off any debts of the deceased, and ensuring that the remaining assets are distributed to the beneficiaries of the estate in accordance with the deceased’s wishes.

When is Probate necessary?

Whether probate is necessary will depend on the type, size and value of the assets comprising the deceased’s estate.

Probate will be necessary when the deceased leaves behind specific types of assets. For example, probate will be necessary to deal with real estate, money in bank accounts and shares solely owned by the deceased or joint owned by the deceased with another person as tenants in common.

If assets of the deceased are jointly owned as joint tenants, then on the death of one of the joint owners, the asset will automatically pass to the surviving owner. In such cases, there will be no need to apply for a Grant of Probate.

Some third parties will release an asset without the need for Probate. For example, some financial institutions may release without seeing a Grant of Probate if the amount held in the name of the deceased is minimal and there is no dispute between the deceased’s relatives.

Who can apply for Probate?

To apply for probate, a person must:

  • over 18 years of age; and
  • be the executor named in the Will.

Do you need a copy of the original Will to apply for Probate?

Yes, you will need a copy of the original Will to apply for Probate.

What happens if there is no valid Will?

If 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, the deceased’s closest next of kin (eg spouse or de facto spouse) will need to apply for 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.

If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who receives the assets of the deceased’s estate. This is known as the 'rules of intestacy'.

The process of applying for Letters of Administration is more complicated than applying for a Grant of Probate as involves some extra steps. For example, the spouse or de facto spouse will need to file an Affidavit detailing the efforts they made to locate the deceased’s Will.

How much does Probate cost?

Willed prides itself on price transparency. In this regard, Willed offer upfront fixed prices for a grant of probate. Our upfront fixed prices assume that the will is valid and uncontested and that the executor has all the necessary documentation to apply for a grant of probate. If this is not the case, additional fees may apply. Our fixed prices do not include court filing fees (which will depend on the value of the deceased estate) and disbursements. Contact us today to request a fixed price for a grant of probate.

When should you apply for probate?

In Victoria, New South Wales, Australian Capital Territory and Western Australia - an application for Grant of Probate must be made within six months of the death of the willmaker. In Queensland, there is no strict timeframe within which you must apply for probate but the court expects you to act swiftly and efficiently when applying for a Grant of Probate. In Tasmania, an application for Grant of Probate must be made within two years of the death of the willmaker.

If no probate application is made within these timeframes:

  • you will need to provide an explanation to the Court for the delay.
  • there is underlying risk that a creditor or other person may apply to have themselves appointed as executor of the estate in place of the executor named in the will.

How long does it take get a Grant of Probate?

The first step in applying for a Grant of Probate is to lodge notice of intention (advertisement) for a Grant of Probate with the Court. The advertisement must be published for at least 14 days before you can file an application for a Grant of Probate.

After the application for a Grant of Probate has been filed with the Court, it will take approximately 8 weeks to obtain a Grant of Probate (depending on the Courts backlog of applications and whether any requisitions are received from the Court).

Probate services in other states

NSW New South Wales VIC Victoria QLD Queensland WA Western Australia TAS Tasmania NT Northern Territory ACT Australian Capital Territory

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