When someone dies leaving a valid will, the executor named in that will is generally responsible for administering the estate — collecting assets, paying debts, and distributing what remains to the beneficiaries. Before doing so, an executor usually needs to obtain a grant of probate from the Supreme Court of South Australia.
South Australian probate and estate administration law changed on 1 January 2025 with the Succession Act 2023 (SA), which replaced the Administration and Probate Act 1919. We advise executors under the current Act.
What probate is, and when it is needed
A grant of probate is a Supreme Court order confirming that a will is valid and authorising the named executor to deal with the deceased’s assets. Banks, share registries and land title authorities generally require it before releasing or transferring significant assets held in the deceased’s sole name.
When formal probate may not be needed
Under the Succession Act 2023, a party holding money or personal property of the deceased up to the value of $15,000 may pay or transfer it to the deceased’s spouse, domestic partner or child without a formal grant of probate or letters of administration. This does not change who is legally entitled to the assets — it simply removes the need for a grant for small amounts, which can be useful for straightforward, low-value estates.
Applying for a grant of probate
An application is made to the Probate Registry of the Supreme Court of South Australia. It generally requires the original will, a death certificate, an inventory of the estate’s assets and liabilities, and a formal application setting out the executor’s entitlement to act. Court fees are tiered according to the value of the estate. Straightforward applications are usually processed within a matter of weeks, though this depends on the Registry’s workload and whether any requisitions (queries about the application) are raised.
Executor duties after the grant issues
- Identifying, securing and collecting the estate’s assets.
- Notifying and paying the deceased’s debts and liabilities, including any tax obligations.
- Managing statutory obligations, including the will-inspection rights the Succession Act 2023 gives to beneficiaries, next of kin and others named or referred to in the will.
- Distributing the estate to beneficiaries in accordance with the will.
- Keeping proper records throughout, since executors can be held personally accountable for how an estate is administered.
When administration becomes contested
Most estates are administered without dispute, but disagreements do arise — between executor and beneficiaries, or between beneficiaries themselves. Our Contested Estates & Family Provision page explains the process and the strict time limits that apply if a claim is raised.
Frequently asked questions
Is probate always required?
No. Whether it is required depends on what the deceased owned, how it was held, and its value. Some smaller or simpler estates can be administered without a formal grant, particularly under the Succession Act 2023’s small-estate provisions.
Can I apply for probate myself?
Executors can apply personally, but the process involves strict formal requirements, and errors can cause delay or require the application to be resubmitted. Many executors prefer legal support, particularly for larger or more complex estates.
What does an executor have to do after the grant is issued?
Broadly: collect and secure assets, pay debts and liabilities, meet statutory obligations to beneficiaries, and distribute what remains according to the will.
What if there is no will, or no executor able to act?
In that situation, someone eligible under the statutory priority order needs to apply for letters of administration instead of probate.
Can a beneficiary see a copy of the will?
The Succession Act 2023 gives certain people — including those named or referred to in the will, spouses, domestic partners, children, stepchildren, and those who would be entitled on intestacy — a statutory right to inspect or obtain a copy of the will.
Probate is one stage of dealing with an estate. Our wills & estates overview covers how it relates to intestacy, contested claims, and the documents that should be in place beforehand.
Contact WPI Lawyers for guidance on obtaining probate or administering an estate.