News - Probate Registry and CourtSA

On 26 November 2018 Probate will be the first jurisdiction in South Australia to transition to CourtSA. From 26 November 2018 all probate lodgements must be made electronically using CourtSA.

From Monday 15 October no new paper applications have been accepted, so that the Probate Registry can focus on addressing the paper applications in process before the switch to the new system on Monday 26 November 2018.

The Probate Registry remains open for the management of requisitions and will continue to process applications that were received by COB on Friday 12 October 2018.

Emergency applications will be assessed on a case-by-case basis, as per the current process.

If a grant is not capable of being issued by Friday 23 November 2018, the application will need to be refiled in CourtSA from Monday 26 November 2018.

Legal practitioners are encouraged to familiarise themselves with the Rule and processes changes that will come into effect from 26 November 2018 with the introduction of CourtSA so that new lodgements may be correctly prepared.

For more information about the introduction of CourtSA to Probate including Rule and procedure changes click here.

For more information about CourtSA click here.

On this page:

What is Probate or Letters of Administration?

A grant of probate or letters of administration gives a person the legal right to administer the estate of a deceased person. The term “grant” is used to describe whatever type of grant is issued.

When you apply for a grant the Court decides what constitutes the last Will of the deceased person and who can administer the estate. A grant is a legal document that certifies that a Will is valid and can be acted upon. Letters of administration are issued in certain circumstances including where the deceased has left no valid Will. The grant is proof that the person named in it is entitled to collect and distribute the estate.

Visit our page about Grants of Probate and Administration of Deceased Estates for more information, and to find out when probate or administration may be required. 

▲ Top

What Does the Probate Registry Do?

The Supreme Court of South Australia has exclusive jurisdiction in this State to make orders in relation to the:

  • validity of Wills of deceased persons;
  • appointment of an executor or administrator of a deceased estate; and
  • administration of deceased estates.

The Probate Registry deals with applications for grants of probate and administration and other related matters. The Probate Registry keeps a register of all grants issued by the Court.

The Probate Registry can give you general information about making an application for probate or administration, but cannot give you legal advice or advise you on how to administer an estate.

We can help you with general information on:

For more information on your legal rights, responsibilities and options we encourage you to talk to a lawyer to obtain specific advice regarding your situation.

▲ Top

Probate Information for Legal Practitioners

We also have a section on information for legal practitioners on probate matters including information about:

  • Acts, Rules and Forms
  • Guidance on complex and unusual applications

▲ Top