Adelaide Probate, Wills and Estates Lawyers since 1848

Probate is name given to the Order of the Supreme Court of South Australia giving official confirmation that a particular piece of paper is the Last Will and Testament of the Deceased, that it is valid and that the executor has authority to administer the estate. It is typically needed when the deceased held real estate, significant assets such as bank balances, or shares in their sole name. Asset holders such as banks, share registries and the Lands Titles Office in South Australia generally require a grant of probate before permitting the transfer of the deceased’s assets.

In South Australia a typical uncontested estate administration, including collecting assets, paying liabilities and distributing to beneficiaries, typically takes six to twelve months. Once the application is filed with the Probate Registry of the Supreme Court of South Australia, a straightforward grant usually issues within four to eight weeks.

The Government of South Australia requires the Supreme Court to charge a Court filing fee ranging from approx. $1,000 to approx. $4,000 depending upon the total gross value of all assets in the estate. Legal fees are separate and vary by complexity. Genders and Partners offer fixed fee quotes for straightforward probate matters so families know the cost upfront.

It is technically possible to apply for probate without a lawyer, but the process involves preparing court documents, swearing affidavits, valuing assets and responding to any requisitions from the Probate Registry. Most executors find the assistance of an experienced wills and estates lawyer significantly faster and lower risk.

When a person dies without a valid will in South Australia they are said to die intestate. The estate is distributed according to a Statutory formula under the intestacy rules in the Succession Act 2023 (SA), which prioritise close relatives (typically the spouse and children) in a fixed legal order. Where there is no Will, one of the relatives will need to apply for Letters of Administration rather than a grant of probate.

A will should be reviewed every five to seven years, and immediately after any major life event such as marriage, divorce, the birth of a child, a significant inheritance, or the death of a beneficiary or executor. In South Australia, marriage automatically revokes a previous will unless the will was specifically made in contemplation of that marriage.

Yes, eligible persons can challenge a will under the Succession Act 2023 (SA) if they believe they have not been adequately provided for. The application must generally be made before or within six months of the grant of probate. Persons who are eligible typically include the spouse, domestic partner, children, and some others may also qualify in some circumstances such as former spouses or grandchildren.

An executor is the person named in a will to administer the estate and is appointed by the grant of probate. An administrator performs the same role but is appointed by Letters of Administration when there is no valid will, or when the named executor cannot or will not act. Both have similar legal duties to the beneficiaries.

An Accredited Specialist is a senior lawyer formally recognised by the Law Society of South Australia for advanced expertise in a particular area of law. Rod Genders is one of only a small number of lawyers in South Australia accredited specifically in Wills and Estates.

Yes. For straightforward probate and estate administration matters Genders and Partners provides fixed fee quotes so executors and families know the total cost before any work begins. Complex estates are quoted separately based on scope.