Probate rule, form and procedure changes

Probate Registry opening hours are between 9.30am-4.30pm

Rule changes

As of 1 January 2025, there will be new Probate rules in effect. These can be found in Chapter 25 of the Uniform Civil Rules 2020. The forms can be found in schedule 7 of the Uniform Civil Rules 2020.

Rule Summary

The following table outlines the effect of these Rule changes.

‘Application’ means a CourtSA Application

Old Rule Number	Old Rule description	New number	Comments
4A	The electronic system	351.5	No substantial change
5	Application of Rules	–	Concept melded into other rules
6	Application for grants through practitioners	–	Concept melded into other rules
7 and Practice Note 1 of 2022	Personal Applications	351.8	No substantial change
			Also refer to Practice Note 4 of 2024
8 and Practice Note 2 of 2018	Disclosure of Assets	356.17	All values or balances to be as at date of death

			Registration of a grant – only assets and any liabilities arising from those assets in SA required to be disclosed

			Additional/Inaccurately described assets
			Paper grant – Forms PROB47 and PROB48 required
			Electronic grant – follow CourtSA
9	Grants	Deleted
10	Duty of Registrar on receiving application for grant	356.2	r10(1)-(3) melded into other rules
			r10(4) becomes r356.20 otherwise no substantial change

11	Oath	356.4	An oath is required for an application for a grant in solemn form, a grant of Letters of Administration with the Will annexed, a grant of Letters of Administration, Registration of a Grant and a Reseal of a Grant
		356.14
		356.16	Refer to the Practice Note 1 of 2024 for the description in the oath of the deceased and the administrator on an intestacy
		356.32
		356.33
12	Description of Deceased – when there is a will	356.27	When there is a testamentary document

			Name at the heading of the will is to be entered in the application first

			If the name at the heading is misspelt, imperfect or incomplete or there is an asset in another name, an affidavit is required to justify the name and that name must be entered into the CourtSA application as the second name required to appear on the grant

	Description of deceased – when there is no will	356.28	If there is no testamentary document

			Name in the oath of Administrator is the name to be entered into the application

			If the name in the oath of Administrator is different to the name an asset is held in, an affidavit is required to justify the name and that name must be entered into the application as the second name required to appear on the grant

13	Description of Executor	356.29	Full and correct name of executor or administrator to be recited in the application and in the case of a grant of Letters of Administration in the oath.

			If there is a testamentary document and the executor or administrator’s name has changed or been misspelt/imperfect/incomplete and affidavit is required

			If the death certificate records a name incorrectly a letter must be uploaded explaining the discrepancy

14	Description of Administrator	356.29	Refer to the Practice Note 2 of 2024 for the description in the oath of an administrator on an intestacy
15	Marking of wills	356.5	No substantial change

			Postcode now to be included in the marking

			If a testamentary document consists of two or more unattached pages, each page must be marked as set out in subrules (2) and (3).

			For marking a document in relation to registration or reseal of a grant refer to rules 356.32 and 356.33
16	Use of duly authenticated and sealed copies of will	–	Concept melded into other rules
17	Engrossment	356.13	No substantial change

18	Evidence as to due execution and	356.6	No substantial change
19	Evidence as to knowledge and contents of will	356.7	No substantial change
20	Orders restricting testamentary capacity	356.6(6)	No substantial change
21	Evidence as to the date of execution of the will	356.12	No substantial change
22	Evidence as to obliterations interlineations and alterations in will	356.8	No substantial change
23	Condition of will	356.9	No substantial change
24	Documents referred to in a will	356.1	Process set out in full when a trust document or other document is referred to in a testamentary document and when either document is incorporated by reference
		356.11
25	Evidence refuting attempted revocation of a will	–	Concept melded into other rules
26	Certain affidavits to include evidence of due execution	–	Concept melded into other rules and there is a general ability of Registrar to ask for evidence of due execution
27	Evidence of foreign law	351.15	No substantial change

28	Evidence as to death and/or date of death	356.18	No affidavit required for deaths where the exact date is not known



29	Documents	351.9	Condensed to reflect the electronic lodgement system

			No substantial change

30	Affidavits	351.13	Condensed to reflect the electronic lodgement system

			Also refer to Form PROB34
31	Evidence on oath	Deleted	Dealt with in the forms
32	Affirmation in lieu of oath	Deleted	Dealt with in the forms
33	Order of priority for grant where deceased left a will	356.2 and 356.3	Remains the same but note the change in description under r356.3 regarding a persons entitlement
34	Order of priority of grant in case of intestacy	356.15	Remains the same but note the change in description regarding the person claiming the grant

			Refer to Practice Note 2 of 2024
35	Grants to assignee	353.8	No substantial change
36	Joint grants of administration	356.16(3)	No substantial change
37	Grants to two or more person entitled in same order of priority	354.12	If there is competition between two persons entitled in the same order of priority an originating application must be lodged along with a caveat




37(1)		356.20(5)	No substantial change

38	Exceptions to rules as to priority	356.1(5)	r38(1) melded into other rules and r38(2) becomes 356.1(5)
39	Grants to person having spes successionis	356.25	No substantial change

40	Limited or special grants	–	Concept melded into other rules
41	Grants limited to trust property	Deleted	–
42	Grants where the deceased died domiciled outside a State or Territory of the Commonwealth of Australia	356.21	No substantial change
43	Grants to Attorneys	356.22	No substantial change
44	Grants of administration to guardian on behalf of minors	355.3	No substantial change
45	Grants when minor co-executor	356.26	No substantial change
46	Grants in case of mental or physical incapacity	355.2 and 357.5	No substantial change
47	Grants to trust corporations	356.23	No substantial change
48	Grants to corporate bodies	356.24	No substantial change
49	Renunciation of probate and administration	353.2	No substantial change
50	Re-seal of grants	356.31 and 356.32	Separated now into registration of a grant and reseal of a grant as per section 57 of the Succession Act 2023 (SA)

			An oath is required for all registration and reseal of grant

			Marking of the grant is required in certain circumstances
51	Amendments and revocation of grants	357.2	No substantial change
		And
		357.3
52	Caveats	354.1	The different parts of the caveat process have been split up to have their own rule
		354.2
		354.3	A copy of a testamentary document, if referred to in a warning to caveat or an appearance to warning to caveat, must be uploaded to the CourtSA application
		354.4
		354.5	Service as per Chapter 5 of the Uniform Civil Rules 2020
		354.6
		354.7
53	Citations	354.8	The different parts of the citation process have been split up to have their own rule
		354.9
		354.1	Only one type of citation that can be lodged now – citation to apply for a grant
54	Citation to accept or refuse to take a grant
55	Citation to propound a will	Deleted	–
56	Citation to bring in grant	Deleted	–
57	Citation to see proceedings	Deleted	–
58	Appearances		See rules regarding caveats, citations and originating applications
59	Address for service	Deleted	Address for service as per the Uniform Civil Rules 2020
60	Application for order to bring in testamentary papers to attend for examination	353.3	Now to be lodged under an Originating Application on CourtSA

61	Subpoena to bring in testamentary papers		There is no separate action especially for a subpoena any more
62	Time allowed to appear to a warning, citation	–	No substantial change – see rules regarding caveats and citations
63	Grants of administration under discretionary power of Court and grant ad colligenda bona	353.11 and 355.4	No substantial change
64	Grants under section 12(2) of the Wills Act 1936	353.5	No substantial change
65	Revocation of a document under section 12(3) of the Wills Act 1936	353.6	No substantial change
66	Application for rectification of the will	353.1	No substantial change
67	Application for omission of word of an offensive or libellous nature from grant	353.9	No substantial change
68	Permission to swear death	353.4	No substantial change
69	Grants in respect of copies of wills	353.7	No substantial change
70	Grant is respect of nuncupative wills	Deleted	–
71	Grants of special administration	Deleted	–
72	Grants pendente lite	355.5	No substantial change
73	Preparation of grant and copies	Deleted	No substantial change
74	Restriction on searches and removal of documents	351.18	No substantial change
75	Issue of copies of original wills and other documents	351.19	No substantial change
76	Statutory matters in common form dealt with by Registrar	357.14	No substantial change
77	Proceedings under Part 3 of the Act and Part 3 of the Public Trustee Act 1995	Deleted	–
78	Application for trustee’s commission	357.8	No substantial change
		357.9
		357.1
79	Applications by Public Trustee	357.7	No substantial change
80	Section 69 of the Act	357.7	No substantial change
81	Disclosure of estate to parties having interest	Deleted	Addressed elsewhere in the UCR
82	Appeals from Registrar	358.2	No substantial change

83	Power to require application to be made by summons	353.11	No substantial change

84	Estate and administration accounts	Deleted	–
85	Notice of application	–	Concept melded into other rules
86	Appearances	–	Concept melded into other rules
87	Representation orders and procedure where no personal representative	351.7	No substantial change
88	Forms	–	Refer to Chapter 4 in Uniform Civil Rules and schedule 7
89	Practitioners’ Charge	Deleted	–
90	Title of proceeding	Deleted	–
91	Wills of minor pursuant to permission of Court	352.2	No substantial change
92	Will for person lacking testamentary capacity pursuant to permission of Court	352.3	No substantial change

New Rule Number	New Rule	Comments
351.6	Copy of a testamentary document uploaded to the Electronic System	Sets out the requirements for a scanned copy of the testamentary document uploaded to a grant application
351.14	Affidavits referring to testamentary documents	Sets out the procedure for an exhibit or annexure of a testamentary document and the correct wording in the affidavit and on the document itself
351.16	Sealed orders	Procedure to obtain a sealed order from the Probate Registry
351.17	Order for provision incorporated into grant	Procedure to have a family inheritance order annexed to a grant
351.2	Request for court sealed copy of record	Procedure to obtain a court sealed copy of the record (also known as an exemplification)
285.6	Grant ad litem	Procedure to obtain an order enabling a person to then obtain a grant of ad litem
356.1	Trust deed referred to in a testamentary document	Procedure when a trust deed is referred to in a will and when it is incorporated
356.11	Other documents referred to in a testamentary document	Procedure when a testamentary document contain a reference to a paper, list or memorandum
356.19	Inoperative testamentary document	Requirements if a will is inoperative
356.29	Description of deceased without a testamentary document	When and how an otherwise name can be applied for
356.3	Deemed grant to Public Trustee	New process where by Public Trustee can obtain a deemed grant to enable them to administer estates under the maximum monetary amount
356.31	Registration of a grant	New rule based on section 57 of the Succession Act 2023 (SA), similar process to that for a reseal of a grant
357.4	Grants of Double Probate	Procedure to obtain a grant of double probate
357.1	Application for approval to act in multiple capacities	Procedure as to how Public Trustee obtains the Court’s approval to act in multiple capacities

Form changes

Existing court forms

The following table identifies the changes to existing Court forms.

Form Name	Old Form Number	2018 change	New Form Number	2025 change
Affidavit of due execution	Form 01	No Change	Form PROB35	Split into 3 forms now rather than having modifications
Affidavit of due execution where deponent was present when will executed, but not a subscribing witness	–	–	Form PROB36	New
Affidavit where no affidavit of due execution can be obtained from a subscribing witness or other person present	–	–	Form PROB37	New
Guardianship Board Order or South Australian Civil and Administrative Tribunal or Court order in place when will was executed – affidavit from delegated Public Trustee officer (includes modifications)	–	–	Form PROB38	New
Affidavit of plight and condition and finding	Form 02	No Change	Form PROB39	Updated to reflect the rules
Affidavit as to alias – Will	Form 03	No Change	Form PROB40	Updated to reflect the rules
Affidavit as to alias – Intestacy	Form 04	No Change	Form PROB41	Updated to reflect the rules
Affidavit of identity – Name changed since will	Form 05	No Change	Form PROB42	Updated to reflect the rules
Affidavit of identity – Name in will incorrect	Form 06	No Change	Form PROB43	Updated to reflect the rules
Affidavit to withdraw will deposited under s 6 or s 7 of the Wills Act 1936	Form 07	No Change	–	Deleted
				A letter is now required – refer to rule 352.7
Affidavit to withdraw will deposited with renunciation	Form 08	No Change	Form PROB45	Updated to reflect the rules
Affidavit verifying the translation of will or other document	Form 09	No Change	Form PROB44	Updated to reflect the rules
Affidavit of service of warning and of search and non-appearance	Form 10	No Change	Form PROB11	Updated to reflect the rules
Affidavit of service of citation and of search and non-appearance	Form 11	No Change	Form PROB15	Updated to reflect the rules
Affidavit of service of a subpoena	Form 12	No Change	–	Deleted
Affidavit to lead to citation to accept or refuse probate	Form 13	No Change	Form PROB12	Updated to reflect the rules
Affidavit to lead to citation to accept or refuse administration	Form 14	No Change	Form PROB13	Updated to reflect the rules
Affidavit to lead to citation against executor to whom leave	Form 15	No Change	Form PROB14	Updated to reflect the rules
Affidavit to lead to citation calling on an executor who has intermeddled in an estate to take probate	Form 16	No Change	–	Deleted
Affidavit to lead to citation to propound a will	Form 17	No Change	–	Deleted
Affidavit to lead to citation to bring in grant	Form 18	No Change	–	Deleted
Affidavit to lead to citation to see proceedings	Form 19	No Change	–	Deleted
Affidavit to lead to subpoena to bring in testamentary document	Form 20	No Change	Form PROB10	Updated to reflect the rules
Affirmation of affidavit	Form 21	No Change	–	Deleted
Affidavit	Form 22	No Change	Form PROB34	Updated to reflect the rules
Subpoena to bring in testamentary document	Form 23	Automatically generated by CourtSA as part of completing the CourtSA Subpoena Form	–	Deleted
				Subpoenas now lodged via Originating Application on CourtSA
A citation can now only be lodged through CourtSA on a caveat – a citation is a secondary action available once the caveat has been sealed.
The only type of citation that can be applied for under Probate Chapter 21 of the Uniform Civil Rules 2020 is a citation to accept or refuse a grant therefore all the below forms have been deleted and will not be found Schedule 7.
Citation to accept or refuse probate	Form 24	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Form deleted from the Form Schedule
				Automatically generated by CourtSA as part of completing the Add Citation Form
Citation to accept or refuse administration	Form 25	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Form deleted from the Form Schedule
				Automatically generated by CourtSA as part of completing the Add Citation Form
Citation against executor to whom leave has been reserved to accept or refuse double probate	Form 26	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Form deleted from the Form Schedule
				Automatically generated by CourtSA as part of completing the Add Citation Form
Citation calling on an executor who has intermeddled in an estate to take probate	Form 27	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Deleted
Citation to propound a will	Form 28	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Deleted
Citation to bring in probate – Another will set up	Form 29	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Deleted
Citation to bring in probate – Intestacy alleged	Form 30	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Deleted
Citation to bring in letters of administration – Will set up	Form 31	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Deleted
Citation to bring in letters of administration – Administrator alleged not to be entitled	Form 32	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Deleted
Citation to see proceedings	Form 33	Automatically generated by CourtSA as part of completing the Add Citation Form	–	Deleted
An Originating Application is to be lodged through CourtSA.
CourtSA will produce the Originating Application Form for you which is the replacement to Form 34.
Summons – without notice	Form 34A	Replaced with CourtSA Originating Application Form	Form PROB1	Automatically generated by CourtSA as part of completing the Originating Application Form
				Form PROB1 is only to be used if the Court requests you to do so
Inter partes summons	Form 34B	Replaced with CourtSA Originating Application Form	Form PROB2	Automatically generated by CourtSA as part of completing the Originating Application Form
				Form PROB2 is only to be used if the Court requests you to do so
Summons brought pursuant to s 7 of the Wills Act 1936 and rule 92 for an order authorising the making of a will for a person lacking testamentary capacity	Form 34C	Replaced with CourtSA Originating Application Form	–	Deleted
				Originating Application form on CourtSA to be used instead – see above
Consent of proposed executor to act	Form 35	No change	Form PROB8	Updated to reflect the rules
Response to Originating Application	–	–	Form PROB3	New
				Document automatically generated by CourtSA as part of completing the Response to an Originating Application Form but can also be uploaded as a document by a party
Interlocutory Application	–	–	From PROB4	New
Order	–	–	Form PROB5	New
Written submissions	–	–	Form PROB6	New
Consent form	–	–	Form PROB7	New
Grant	Form 36	Replaced with CourtSA Grant Application Form	–	Deleted
Executor’s oath	Form 37	No longer required	Form PROB26	May be required in certain circumstances if requested by the Registry
Executor’s oath for double probate	Form 38	No change	Form PROB31	Updated to reflect the rules
Executor’s oath after order pronouncing for a will in solemn form	Form 39	No change	Form PROB22	Updated to reflect the rules
Certificate of execution to accompany will to be deposited under s 13 of the Act	Form 40	No change	Form PROB50	Updated to reflect the rules
Executor’s declaration to obtain probate where will deposited under s 13 of the Act	Form 41	No change	–	Deleted
Oath of administrator with the will annexed	Form 42	No change	Form PROB27	Updated to reflect the rules
Oath of administrator with the will annexed de bonis non	Form 43	No change	Form PROB32	Updated to reflect the rules
Oath of administrator	Form 44	No change	Form PROB28	Updated to reflect the rules
Oath of administrator (without will) de bonis non	Form 45	No change	Form PROB33	Updated to reflect the rules
Oath of administrator pendente lite	Form 46	No change	Form PROB23	Updated to reflect the rules
Oath of administrator leading to a grant ad colligenda bona	–	–	Form PROB24	New
Oath of administrator leading to a grant ad litem	–	–	Form PROB25	New
Renunciation of probate	Form 47	No change	Form PROB16	Updated to reflect the rules
Renunciation of probate by a trust corporation	Form 48	No change	Form PROB21	Updated to reflect the rules
Renunciation of letters of administration with the will annexed	Form 49	No change	Form PROB17	Updated to reflect the rules
Renunciation of letters of administration with the will annexed to the syndic of a company not authorised by statute to apply for probate	Form 50	No change	Form PROB20	Updated to reflect the rules
Renunciation of letters of administration	Form 51	No change	Form PROB18	Updated to reflect the rules
Renunciation and consent form Spes Successionis grant	–	–	Form PROB19	New
Oath to lead re-seal of overseas grant	Form 52	No change	Form PROB30	Updated to reflect the rules
Oath to lead registration of interstate grant	–	–	Form PROB29	New
Advertisement for the re-sealing of grant	Form 53	No change	–	Deleted
Inventory of real and personal property in the State of South Australia	Form 54	No change	–	Deleted
Affidavit of assets and liabilities	Form 55	Automatically generated by CourtSA as part of completing the CourtSA Grant Application Form	Form PROB46	May be required in certain circumstances if requested by an officer of the Probate Registry
Affidavit of additional (or inaccurately described) assets and liabilities	Form 56	No change	Form PROB47	Required on files where the grant was issued in paper or if requested by an officer of the Probate Registry
Certificate of disclosure Registrar’s certificate	Form 57	Automatically generated by CourtSA as part of completing the CourtSA Grant Application Form	Form PROB48	May be required in certain circumstances if requested by an officer of the Probate Registry
Official certificate of grant	Form 58	No longer required	–	Deleted
Power of attorney	Form 59	No change	Form PROB49	Updated to reflect the rules
A caveat and its secondary actions can now only be lodged through CourtSA.
CourtSA will produce the relevant Form for you replacing Forms 60-62, 64 and they have been deleted from Schedule 7.
Caveat	Form 60	Automatically generated by CourtSA as part of completing the CourtSA Probate Caveat Form	–	Form deleted from the Form Schedule
				Automatically generated by CourtSA as part of completing the CourtSA Probate Caveat Form
Warning to caveat	Form 61	Automatically generated by CourtSA as part of completing the Add Warning Form	–	Form deleted from the Form Schedule
				Automatically generated by CourtSA as part of completing the Add Warning Form
Appearance to warning or citation	Form 62	Automatically generated by CourtSA as part of completing the CourtSA Add Warning Form	–	Form deleted from the Form Schedule
				Automatically generated by CourtSA as part of completing the CourtSA Add Appearance Form
Appearance to summons	Form 63	No change	Form PROB3	Document (now called Response t Originating Application) produced by CourtSA but can also be uploaded by a party

Caveat against allowance of commission	Form 64	No change	–	Deleted
				A standard caveat application is required
Notice of appeal from decision of the Registrar of Probates	Form 65	No change	–	Deleted
Estate and administration accounts under s 56 of the Act	Form 66	No change	–	Deleted
				Refer to the Public Trustee Regulatory team for the appropriate form
Will authorised under s 7 of the Wills Act 1936	Form 67	No change	Form PROB9	Updated to reflect the rules
Notice of change of practitioner	Form 68	No change	–	Form deleted from the Form Schedule
				Automatically generated by CourtSA as part of completing the CourtSA Case Access application
Notice of intention of executor or administrator to act in person	Form 69	No change	–	Form deleted from the Form Schedule
				Automatically generated by CourtSA as part of completing the CourtSA Case Access application
Judicial advice book application	Form 70	No change	–	Deleted
				Now lodged by Originating Application

Procedure changes

The procedures for conducting business with the Probate Registry will change following the introduction of CourtSA.

In summary, from 26 November 2018:

the Probate Registry will not accept paper lodgements;
all Probate Registry lodgements must be made online using CourtSA;
lodgements must be made using CourtSA forms and, where identified, any additional necessary documents scanned and uploaded to the form or case;
information provided in lodgement applications is used by CourtSA to generate the case and Court documents (at relevant times in the case);
payment of fees must be made by credit card;
paper grants and other court documents are not issued, an electronic grant is issued and available on the case;
communication between parties and the Probate Registry is primarily online through CourtSA and by email; and
executors are no longer be required to provide sworn evidence upon making an application. The online form requires the applicant or their solicitor to verify that the information is true and accurate. The Chief Justice has also asked the Attorney General to consider creating new offences for giving a Court misleading or false information and abusing the electronic system.

You can find more information about the process for applying for probate or administration here.

Probate rule, form and procedure changes

Rule changes

Form changes

Existing court forms

Procedure changes

Acts, rules, practice notes, forms and fees