FAQs

Probate is an Order of the Supreme Court of South Australia confirming that a particular document is the valid Last Will of a deceased person, and that the named executor has authority to administer the estate.

Probate is a Supreme Court Order called a Grant which confirms a particular piece of paper is the Last Will of a deceased person. The Grant confirms a Will's validity and authorises the named executor to administer the deceased's estate — collecting assets, paying debts, and distributing according to the Will, under the Succession Act 2023 (SA).

A grant is typically required where the deceased held real estate, or significant assets such as bank balances or shares, in their sole name. Institutions such as banks, share registries and the Lands Titles Office generally require probate before releasing or transferring those assets.

No. Depending on the type, size and value of the assets involved, some estates can be administered without a formal grant. Whether a grant is needed depends on the specific asset holders and their individual requirements.

A straightforward, uncontested grant typically takes 3-6 months after date-of-death and issues within four to eight weeks of a correctly prepared application being filed at Court. Full administration of the estate, including collecting assets, paying liabilities and distributing to beneficiaries, commonly takes six to twelve months overall.

Delays commonly arise from incomplete documentation, requisitions raised by the Probate Registry, difficulty locating assets or beneficiaries, disputes among family members, or the general administrative burden of a paper-heavy process.

The Supreme Court charges a filing fee that varies according to the gross value of the estate's assets, separate from legal fees. Genders and Partners offers fixed fee quotes for straightforward probate matters so executors know the total cost upfront.

It is technically possible to apply without a lawyer, but the process involves preparing court documents, swearing affidavits, valuing assets and responding to any requisitions from the Probate Registry. Executors assume personal liability for the administration of the estate, and in South Australia there are both civil and criminal penalties for executors to make serious errors. Most executors find professional legal assistance faster and lower risk.

Contrary to popular belief, there is not just one type of probate. There are actually 5 types of Grants. A simple (administrative) probate application in South Australia typically requires the original Will and the original death certificate. Various Court application documents are then required – at a minimum this includes the executor's oath, a draft grant, and an affidavit of the estate's assets and liabilities.

In South Australia, an application generally cannot be made until at least 28 days after the date of death, other than in special or urgent circumstances where earlier applications may be justified.

An executor is named in the Will and may be appointed by an order f the Court as in a grant of probate. An administrator performs a similar role but is appointed by Letters of Administration where there is no valid Will, or where the named executor cannot or will not act.

Letters of Administration is a type of grant made by the Supreme Court of South Australia appointing an administrator to manage a deceased estate where there is no valid Will, or in certain other circumstances where an executor cannot act.

This is the standard grant issued for an uncontested Will where no dispute or irregularity arises, as opposed to more complex grants required where the Will or its execution is in question.

Yes. Depending on the circumstances — such as a missing Will, an incomplete Will, or a dispute over validity — different types of grants may be required beyond the standard common form grant.

If an executor renounces, is unable to act, or predeceases the testator, an alternate executor named in the Will may step in, or, if none is available, the Court can appoint an administrator instead.

Yes, though additional steps such as resealing an interstate grant, or obtaining a further grant in each relevant jurisdiction, may be required depending on where the assets are located.