How to Apply for Probate in South Australia: A Step-by-Step Guide

Have a question about this? Ask the Guide → the chat widget at the bottom-right of this page can answer it. Reading time: 8 minutes | The Executor’s Guide — Plain English. Step by step. Written for the person who just found out.

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Probate in South Australia is granted by the Probate Registry of the South Australian Supreme Court. SA has its own specific forms and procedures — this guide covers what you need to know.

Do You Need Probate in South Australia?

Probate is almost always required if: the estate includes real property in SA; financial institutions require it before releasing funds from sole accounts; or the estate includes shares or investments above a threshold.

Probate may not be required if: assets consist of small bank accounts below each institution’s threshold; or all property was jointly held and passes automatically to the surviving owner. Always confirm with relevant institutions before assuming probate isn’t needed.

The SA Public Trustee

South Australia has the Public Trustee SA (publictrustee.sa.gov.au), a government-backed service offering professional estate administration. For executors who prefer professional assistance, Public Trustee SA provides fixed-fee administration services with costs paid from the estate. Their website also provides helpful SA-specific guidance for self-represented executors.

Step 1 — Advertise the Application

Before lodging, you must publish a notice of your intention to apply for probate. In South Australia, this is typically published in the South Australian Government Gazette. The mandatory waiting period before filing: 14 days from publication. Keep evidence of the advertisement — you’ll need to include it with your application.

Step 2 — Prepare the Documents

Required documents for SA probate:

• Application for Grant of Probate — available from the SA Supreme Court Probate Registry
• Affidavit of Executor — your sworn statement, sworn before a Justice of the Peace or authorised witness in South Australia
• Affidavit of Due Execution — if required (for certain will formats)
• The original will
• Certified copy of the death certificate
• Inventory of Assets and Liabilities
• Evidence of advertising — copy of the published notice

What Goes in the Inventory (SA)

All assets solely in the deceased’s name at date of death, including real property at market value, bank balances, investments, vehicles, and life insurance payable to the estate — minus all liabilities (mortgage, credit cards, personal loans). The net estate value determines the SA filing fee.

Step 3 — Lodge the Application

Lodge with the Probate Registry, Supreme Court SA, 1 Gouger Street, Adelaide SA 5000. Phone: (08) 8204 0289. Check the current position at courts.sa.gov.au for any online lodgement options.

Filing fee: Scaled to the gross estate value. Check the current SA Supreme Court fee schedule at courts.sa.gov.au — fees are updated periodically.

Step 4 — Processing Time

A straightforward SA application: typically 4–8 weeks from lodgement. Common requisition causes: advertising not completed or documented correctly; affidavit deficiencies; will alterations not explained; inventory incomplete. Make certified copies of your Grant of Probate once issued — you’ll need multiple.

SA Intestacy Rules

Under the Administration and Probate Act 1919 (SA) intestacy provisions: spouse/domestic partner only — receives everything; spouse and children (of that relationship) — spouse receives all household chattels plus a preferential legacy, then half the remainder, with children sharing the other half; children only — share equally; no spouse or children — parents, then siblings, then more distant relatives in order of priority.

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The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. For complex estates or any uncertainty, seek advice from a South Australian solicitor.

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Related guides

• Do I Need Probate? A Plain-English Guide
• What Is an Executor?
• Executor Duties in Australia: The Complete Legal Guide
• What to Do When Someone Dies in Australia