When someone dies without a valid will — or with a will that does not name an executor able or willing to act — their estate cannot be administered by way of probate. Instead, an eligible person applies to the Supreme Court of South Australia for letters of administration.
Intestacy and letters of administration in South Australia are now governed by the Succession Act 2023 (SA), which replaced the Administration and Probate Act 1919 from 1 January 2025.
Who can apply
The right to apply for letters of administration follows a statutory order of priority, broadly starting with the deceased’s spouse or domestic partner, then children, then more distant relatives if no closer relative is willing or able to act. Where more than one person has an equal right to apply, they can apply jointly or one can apply with the others’ consent.
How an intestate estate is distributed
Where someone dies without a valid will, the Succession Act 2023 sets out how their estate is distributed. A surviving spouse or domestic partner is entitled to a preferential legacy — a fixed amount taken from the estate before the remainder is divided — which increased from $100,000 to $120,000 under the new Act. The remainder of the estate is then shared according to a statutory formula between the spouse or domestic partner and other relatives, such as children, depending on who survives the deceased.
Uncertain order of death
The Succession Act 2023 also introduced a statutory presumption for cases where the order in which two people died cannot be established — for example, a couple who die in the same incident. Property they held as joint tenants is then treated as if they had held it as tenants in common, so each estate is dealt with separately rather than the survivorship rule automatically applying.
Administrator duties
Once appointed, an administrator has broadly the same responsibilities as an executor: identifying and collecting assets, paying debts and liabilities, and distributing the estate correctly according to the intestacy rules. As with probate, money or personal property up to $15,000 can, in some circumstances, be paid or transferred to a spouse, domestic partner or child without a formal grant.
When intestacy becomes contested
Disputes can arise over who is entitled to apply, who benefits under the intestacy rules, or whether a family member has been left without adequate provision. Our Contested Estates & Family Provision page explains the process and the strict time limits involved.
Frequently asked questions
What is the difference between probate and letters of administration?
Probate confirms a valid will and authorises the named executor to act. Letters of administration are needed instead where there is no valid will, or no executor able or willing to act, and authorise an eligible person to administer the estate.
Who is entitled to apply for letters of administration?
A statutory order of priority applies, generally starting with a surviving spouse or domestic partner, then children, then more distant relatives. We can assess where you sit in that order.
How much does a surviving spouse or domestic partner receive on intestacy?
They are entitled to a preferential legacy of $120,000 under the current Act, with the remainder of the estate then shared according to a statutory formula depending on who else survives the deceased.
What happens if no relative can be found?
If no eligible relative applies, the estate may ultimately pass to the state, but this is a last resort after reasonable steps have been taken to identify and locate entitled relatives.
How long does the process take?
It varies with the complexity of the estate and how quickly relatives and assets can be identified. We can give you a realistic estimate once we understand your situation.
Letters of administration apply where there is no valid will — Wills & Estates sets out the alternatives and what each pathway requires.
Contact WPI Lawyers for advice on applying for letters of administration or understanding your position under South Australia’s intestacy rules.