Grants of Probate in South Australia

We are often asked what is probate and how does an executor know if it is necessary apply for a grant of probate so we have summarized the below article to answer some of the questions around the granting of probate:

What is a grant of probate?

A grant of probate is a formal document issued by the Probate Registry of the Supreme Court. The grant confirms the authority of the executor named in the will to administer the estate of the deceased person by collecting and dealing with assets of the deceased and distributing the assets in accordance with the terms of the will.

Is a grant of probate required?

A grant of probate is generally required if the deceased owned assets in South Australia at the date of their death, solely in their name, including:

• real estate; and/or

• assets which exceed a certain value; and/or

• refundable accommodation bond.

What is required to apply for a grant of probate?

At a minimum, the documents required for the executor to make an application to the Supreme Court for a grant of probate are:

• the death certificate;

• the original will (and any codicils thereto);

• full details of the deceased’s assets and liabilities valued as at the date of death.

How is the application made?

The application is made online via the Court SA portal. The original will (and any codicils thereto) are delivered to the Probate Registry after the application has been made.

The court filing fee is based on the gross value of the estate.

What is the timeframe?

It will usually take 2 – 4 weeks from the date on which the application is lodged, for the grant of probate to be issued.

If the Probate Registry has any questions, or if there are any errors or omissions in the application, they will issue a requisition seeking clarification/rectification of the application.