Frequently Asked Questions

On this page:

Do I Have to Use CourtSA to Lodge Documents in Probate?

From 26 November 2018, you must use CourtSA to lodge documents in probate.

▲ Top

Does CourtSA Completely Replace the Need to Lodge Documents at the Probate Registry?

The original Will and original grant (where the application is for a reseal of a grant) will still need to be lodged at the Probate Registry. All other lodgements must be performed on CourtSA.

▲ Top

What Do I Do if I cannot access CourtSA?

If you need assistance because CourtSA is down call CourtSA Regsitry Services.

▲ Top

How Is Identity Verified?

Verification is a 100 point identification check. Refer to Practice Note 1 of 2019.

▲ Top

Verification of identity

This is a 100 point identity verification check. Refer to Practice Note 1 of 2019.  

▲ Top

How Do I Lodge the Original Will?

After lodging your application, download the Original Will Coversheet. Place the original marked Will in a white A4 envelope without folding it. Stick the printed cover sheet on the envelope.

Legal practitioners and self-represented litigants are to lodge it in person or by registered post to the Probate Registry at 241/259 Sir Samuel Way Building, Victoria Square, Adelaide SA 5000.

The original Will is NOT to be taken apart (staple removed) for the purposes of photocopying or scanning.

▲ Top

How Are Requisitions Performed?

Requisitions will be sent to you via email with directions on how to respond.

Requisitions will be sent from either
CAAPMRegistrarofProbates@courts.sa.gov.au or CAAPMProbateEnquiries@courts.sa.gov.au

▲ Top

How Do I Lodge an Affidavit and Any Necessary Supporting Documents?

Affidavits, Court orders, letters and other documents to support your application should be scanned and uploaded in the ‘Other Affidavit or Documents’ or ‘Document Details’ section at the end of the online form.

Alternatively, you can upload them to your new case after you have submitted your application. Go to the ‘My Cases’ section of CourtSA to find your existing cases.

▲ Top

How Do I Amend Assets and Liabilities?

A new system of making additional disclosure and correcting inaccurate disclosure of assets and liabilities both before and after a Grant has issued is being designed. It is not available yet. From 26 November 2018, this interim system will apply:

  1. Complete Form 56 and any necessary Registrar’s certificate (Form 57​​​).
  2. Email copies (in word format) to CAAPMRegistrarofProbatesCAA@courts.sa.gov.au.
  3. Present originals at the counter at the Higher Courts Registry.
  4. If it appears that any additional fee is payable, that will be done at the counter.
  5. The affidavit will be examined by an examining officer and you will be notified by email when the Registrar’s Certificates are ready to be retrieved from CourtSA. You will need to go to ‘My Cases’ and select the case. The Registrar’s Certificates will available on the ‘Documents’ tab of the file.
  6. An updated Statement of Assets and Liabilities will be generated by the system and be available through CourtSA in ‘My Cases’.
▲ Top

How Do I Amend a Grant?

  1. Go to ‘My Cases’ via the portal and select the case.
  2. Under ‘Available Actions’ click on ‘Amend or Revoke Grant’.
  3. Follow the prompts.
  4. Enter the reason for the amendment in the box provided.
  5. Upload (in word format) the proposed new grant.
  6. Upload a scanned affidavit justifying the amendment.

You will receive an email advising you that the Grant has been amended and that the amended Grant is available through CourtSA.

▲ Top

How Do I Revoke a Grant?

If the matter is to be contested, and if the Grant is a paper Grant (issued before 26 November 2018), you will need to issue a citation – see Rule 56 of the Probate Rules. You can do that through CourtSA. Enter a caveat and then proceed with the citation process.

If the matter is not to be contested:

  1. If there is a paper Grant, return it to the Registry.
  2. Go to ‘My Cases’ via the portal and select the case.
  3. Under ‘Available Actions’ click on ‘Amend or Revoke Grant’.
  4. Follow the prompts.
  5. Enter the reason for the revocation in the box provided.
  6. Upload a scanned affidavit justifying the revocation.
▲ Top

What Do I Do If I Don’t Want to Proceed with an Application I Have Made?

If you do not wish to proceed with an application of any type you may discontinue it at any time before the Court has made a Grant or other final order.

  1. To discontinue, go to My Cases in CourtSA.
  2. Select the relevant case.
  3. One of the activities that you can perform is ‘Discontinue’. Click on that button, follow the prompts and click on ‘Save and Back’.

You will receive an email advising you that a Notice of Discontinuance has been issued by the Court and is available through the portal. That is your record of the discontinuance. If there is another party to the case, you should serve a copy on that party.

For information about how to withdraw a caveat, click here.

▲ Top

Are Electronic Documents Considered Originals?

The electronic documents are the original documents. The original Grant is the electronic version which can be viewed through CourtSA by anyone. You should not need to provide a certified copy. However, if required, you can download and print copies of the Grant from CourtSA and have those copies certified by an authorised person, such as a Justice of the Peace or a lawyer. 

▲ Top

Where Do I Find the Original Grant?

The original Grant is on CourtSA. Any version which is printed is considered a copy.

All electronic documents, and by extension printed copies, contain disclaimers explaining this.

▲ Top

How Do I Get a Court Certified Copy of the Grant?

From 26 November 2018, the Court will no longer be certifying copies of Grants, because the original Grant is the electronic version which can be accessed by anyone through CourtSA.

▲ Top

How Do I Get a Copy of the Statement of Assets and Liabilities?

You, or your solicitor (if you are represented) can download the statement of assets and liabilities from the case in CourtSA if you are the lodging party.

If you are not a party to the case, you will need to request access to the case by completing the form in CourtSA.

▲ Top

How Do I Get a Copy of the Death Certificate?

A copy of the Death Certificate can be obtained from the Registrar of Births, Deaths and Marriages. Visit their website or call at 131 882.

▲ Top

How Do I Find out If a Further Grant Has Been Made?

You can search for a further grant in CourtSA.

▲ Top

How Do I Find out If an Application Has Been Lodged?

You can search for Probate applications in CourtSA.

▲ Top

Can I Search for a Case and Download a Grant?

You must be a registered CourtSA user to search for a case.

It will be possible to search CourtSA for a grant (after the grant has been issued) for no fee.

A grant and Will are public documents which have always been accessible to the public upon application and payment of a fee. From 26 November 2018, it will be possible to search CourtSA for a Will (after the grant has been issued) for no fee.

Providing a free searchable system provides any person who needs to act on the grant the ability to verify it against the source of truth. The integrity of the system and confidentiality of data is paramount. The CAA has put in place industry standard cyber security mechanisms to limit potential abuse of the system.​ ​​ ​​

▲ Top

What is the Difference Between Searching for a Case and Requesting Access to a Case?

Searching

You must be a registered CourtSA user to search for a case.

You conduct a search in these circumstances:

  • To find out if a grant has been issued
  • To view the original grant or download a copy
  • To see if there is a caveat in existence
  • To see if there are any cases or applications about a particular deceased person or Will maker

​When you search for a case you will:

  • see the case number
  • see the name of the case
  • see whether or not a grant has been issued
  • have the ability to view and download the grant (and any attached Will).

You will not be able to:

  • see the case
  • view or download any other documents.

Requesting Case Access

Requests for case access will be rare in Probate. You will only need to request case access if you are taking over the conduct of a case, or if you need to ask the Court for permission to perform an action on a case.

If you are represented by a lawyer, your lawyer will have access to cases lodged on your behalf, and will perform all case actions and any other case access requests on your behalf. Your lawyer can provide you with copies of any documents from the case that you wish to see.

To perform actions on cases lodged prior to 15 October 2018, a request case access application is required.

You will need to upload a Form 68 or Form 69​ (whichever is appropriate) with your request for case access.​​

▲ Top

How Long Does it Take for the Grant to be Issued?

We do not comment on the likely date of issue of a Grant. You should speak to the solicitor or personal applicant who is applying for the Grant.

▲ Top

An Application Has Been Lodged. Why Is It Taking So Long?

You should speak to the solicitor or personal applicant who is applying for the Grant.

▲ Top

Will CourtSA Improve Probate Processing Times?

By March we hope to be back into a routine providing an efficient service.  

▲ Top

What is the Fee For a Grant / Caveat / Summons?

Refer to the fees page.

You can also telephone the CourtSA Registry Services on 8204 2444.

▲ Top

Can Court Probate Fees Be Paid Out Of the Deceased's Bank Account or Using Money from the Estate?

The Law Society has requested the banks to make direct credits of probate filing fees into solicitor’s trust accounts and are waiting on a response.

▲ Top

What Is The Difference Between Annexures and Exhibits?

Where an affidavit refers to a document, that document should be either annexed to or exhibited to the affidavit.

“Annexed” means physically attached to the affidavit by staple – after the page on which the last jurat (signature block) appears.

If the document in question is a testamentary document – a Will or a codicil – do not annex it to the affidavit. This is when you use an exhibit. An exhibit is a separate stand-alone document. You link it to the affidavit by marking it as required by Note (6) to Form 22.

There are other circumstances in which the Rules, the Practice Notes or these fact sheets require exhibits, not annexures.

▲ Top

What is the Assurance that Practitioners Must Agree to Before Proceeding with any CourtSA Application Form?

"I have verified the identity of the applicant to the best of my knowledge, information, and belief in accordance with the Registrar-General's verification of identity requirements.

I have explained the consequences of providing false or misleading information to the applicant.

The applicant has verified that to the best of the applicant’s knowledge, information, and belief, the information provided in this form is true​."

▲ Top

How Do I Remove My Solicitor and Act in Person?

You will need to request access to the case through CourtSA and lodge a Form 69.

▲ Top
Blue image with CourtSA and green circle

Information about CourtSA

Acts, Rules, Fees and Forms

Related Links

Contact Us

Telephone the CourtSA Registry Services

p: +61 8 82042444 or
Freecall 1800 571 191

enquiry@courts.sa.gov.au
8:30am – 5:00pm (Monday – Friday)

Postal Address

1 Gouger Street
Adelaide, South Australia, 5000

Physical Address

Higher Courts Registry, Sir Samuel Way Building,
241-259 Victoria Square Adelaide South Australia 5000

Opening Hours:

9:30 - 11.30am