Probate in South Australia: What It Is, When You Need It, and How It Works

Probate, Probate & Estate Administration
Probate in South Australia — when it is required, how to apply, and what executors need to know about estate administration

When a person dies in South Australia, those responsible for winding up their affairs must navigate a legal process before the deceased’s assets can be distributed. For many families, the centrepiece of that process is probate. Yet despite its importance, probate is widely misunderstood. Some people believe it is always required; others assume it is never necessary if there is a valid Will. The truth, as in most legal matters, lies in the particular circumstances. This article explains what probate is, when it is required in South Australia, how the process works, and what those administering an estate can expect.

What is Probate and is it always required in South Australia

What is Probate and is it always required in South Australia?

Probate & Estate Administration, Probate

What is Probate and is it always required in South Australia

Probate is the process of a Court establishing that a Will is valid and represents the final testamentary intentions of the Testator. There are time limits for a Will to be submitted to the Probate Court after the date of the death of the Testator.

When someone dies, their estate is represented by an executor or administrator. If the deceased person has made a Will it is the named executor(s) who will be charged with the responsibility of implementing the terms of the Will and administering the estate.

Usually, subject to the value of an estate, an executor(s) is required to obtain what is called a “Grant of Probate” from the Supreme Court of South Australia. The Grant of Probate is a process whereby a deceased’s Will is validated as being his or her last Will. Upon a Grant of Probate being made, an executor then has the responsibility of implementing the terms of the Will by distributing the assets of the estate to the nominated beneficiaries after payment of liabilities and expenses.

why does probate take so long

Why Does Probate Take So Long

Probate & Estate Administration
why does probate take so long

Recent research from the UK confirms what many of us have known for some time: The estates administration process in Australia and the UK is paper-heavy, slow and inefficient and is causing stress, frustration, and even mental health issues for those involved.

In a recent annual Bereavement Index 2021, looking at the legal and financial responsibilities that come with administering deceased estates, UK research has discovered that 88 per cent of legal professionals think the probate process is too slow and inefficient.

12 Dangerous Stresses of Administering a Deceased Estate in SA

12 Dangerous Stresses of Administering a Deceased Estate in SA

Inheritance Claims & Contested Estates, Probate, Probate & Estate Administration
12 Dangerous Stresses of Administering a Deceased Estate in SA

Sometimes the Executor of a Deceased Estate gets pressure from family and other beneficiaries to do questionable things in the administration of the Estate. 

Here are a few of the higher-risk demands frequently directed at nervous Executors by pushy relatives:

1. Obtain a Grant Of Probate As Quickly As Possible

Sometimes relatives and other potential beneficiaries might push an Executor to go faster than they should.  Almost always, those beneficiaries will have their own interests at heart, without necessarily considering your rights, duties and responsibilities as Executor, nor the other interests attaching to a Deceased Estate.  A prudent Executor might do well to remember the adage: Good. Fast. Cheap. Pick 2.

In South Australia, generally Probate cannot be applied for until at least 28 days after death.  In certain circumstances an urgent application can be made faster than this, however special reasons need to be proven.

the best new years resolution to help your family

The Best New Year’s Resolution to Help Your Family

Estate Planning, Probate & Estate Administration, Wills
the best new years resolution to help your family

Another year has passed and 2018 is already here. The New Year is a time of optimism and noble resolutions to quit bad habits, get organised, pay off debt and save money. It’s a good time to take a look at your estate plan to make sure it is in place and up to date.

Your estate planning documents determine who will receive your property when you die, and also determine who has the right to make financial and major medical decisions during your lifetime. Getting your estate plan right will save money and heartbreak for you and your family.

Less than half of adult Australians have any estate planning documents in place and many of those people may have outdated documents. Documents that were created when you first got married or when your children were born may need updating years later, after your family and financial situation have changed entirely.

weird probate Issues

Weird Probate Issues

Weird Probate Issues, Inheritance Claims & Contested Estates, Probate, Probate & Estate Administration
weird probate Issues

If you’ve been named the executor of a Will, you might experience a wide range of emotions upon your loved one’s passing.

In addition to going through the grieving process, you might feel overwhelmed by your responsibilities in carrying out the deceased’s wishes.

You may have even heard horror stories about probate that leave you wondering where to begin, but you can relax knowing that your specialist estate lawyer at Genders & Partners can help you navigate any obstacles you face regarding probate & deceased estates in Adelaide.

Wills In Adelaide: The Responsibilities Of An Estate Executor

What Does an Executor of a Deceased Estate Do?

Deceased Estates, Probate, Probate & Estate Administration

What Does an Executor of a Deceased Estate Do?

Your loved one has entrusted you to administer their estate, and you probably feel overwhelmed with the burden of this responsibility in the midst of your grief. Depending on the size of the estate, your duties can become quite complicated, but the Adelaide Probate & Estate law specialists at Genders & Partners can guide you through the process to ensure that you carry out your responsibilities with a minimum of stress.

Locating the Will and Safeguarding Assets
As executor, your first job after the person’s death is to locate the original Will, which may be with the deceased’s important papers or held securely at a trustee company or lawyer’s office. If you do not have the original in hand right away, you can still work with a copy to familiarise yourself with the contents and make funeral arrangements according to the person’s wishes.

The Different Types of Probate in South Australia

The Different Types of Probate in South Australia

Do It Yourself Wills, Probate, Probate & Estate Administration
The Different Types of Probate in South Australia

Many people find probate to be a confusing and intimidating topic. Some deceased estates may not require probate, while others may require a different sort of grant if an executor is not named or a Will cannot be located.

Some brave (or foolhardy) souls attempt a do-it-yourself approach by trying to administer the deceased estate of a loved one themselves. This rarely ends well. You’ll save a lot of time and energy if you seek the counsel of a lawyer with extensive knowledge of probate & deceased estates in Adelaide.