How to apply for a grant of probate in South Australia
In South Australia, a grant of probate is obtained from the Probate Registry of the Supreme Court of SA. The executor named in the will files an application supported by an affidavit, the original will, the death certificate, and an inventory of the estate. The process is governed by the Administration and Probate Act 1919 (SA) and the Supreme Court Probate Rules 2015 (SA). A standard grant typically issues within 4-8 weeks.
The framework
Probate in SA is governed by the Administration and Probate Act 1919 (SA), the Supreme Court Probate Rules 2015 (SA), and the Wills Act 1936 (SA). The Supreme Court of SA has exclusive probate jurisdiction.
The process
Locate the original will and confirm executorship
Find the last valid will and confirm you are named as executor. If multiple executors are appointed, decide whether all will apply or power is reserved.
Obtain the death certificate
Order the official death certificate from Consumer and Business Services SA (Births, Deaths and Marriages). A certified copy is required for filing.
Identify and value the estate
Compile a full inventory of assets and liabilities. Contact banks, the SA Lands Titles Office, share registries, and super funds to confirm balances as at the date of death.
Advertise the intention to apply
Publish a notice of intended application in the SA Government Gazette and on the Supreme Court of SA probate notices website at least 14 days before filing, as required by the Supreme Court Probate Rules 2015.
Prepare the application and supporting affidavit
Complete the prescribed Application for Grant of Probate and the executor's affidavit under the Supreme Court Probate Rules 2015. The affidavit addresses the facts of death, the will, executorship, and estate value.
Swear or affirm the affidavit
The executor's affidavit must be sworn or affirmed before an authorised witness such as a Justice of the Peace, commissioner for taking affidavits, or Australian legal practitioner.
Lodge the application with the Probate Registry
File the original will, death certificate, application, affidavit, inventory, and advertising confirmation with the Probate Registry of the Supreme Court of SA. Pay the filing fee at lodgement.
Respond to any requisitions
The Registrar may raise requisitions requesting further information, corrections, or additional affidavits (e.g. affidavit of due execution). Respond within the time given to avoid delays.
Receive the grant of probate
Once the Registrar is satisfied, the sealed grant issues. The grant formally authorises the executor to administer the estate.
Administer the estate
Use the grant to collect assets, pay debts and administration expenses, and distribute to beneficiaries in accordance with the will. Lodge final tax returns with the ATO and keep records for beneficiaries.
Forms and templates
- Application for Grant of Probate (SA)
- Executor's Affidavit
- Inventory of Assets and Liabilities
Common mistakes
- Filing before the 14-day advertising period has elapsed
- Not lodging the original will with the application
- Undervaluing estate assets in the inventory
- Using an outdated form that does not comply with the 2015 Rules
- Distributing assets before the time for family provision claims has expired under section 8 of the Inheritance (Family Provision) Act 1972 (SA)
Get this process right with Quillio
Quillio can draft the executor's affidavit, inventory, and application documents, and verify compliance with the Supreme Court Probate Rules 2015 (SA). See /practice-areas/wills-estates-lawyers or start a free trial at /trial.
This guide is general information — not legal advice. The Supreme Court of SA may update forms, fees, and rules. Confirm current requirements on the Courts SA website and consider legal advice for contested or complex estates.
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