All actions are performed in CourtSA.
Any reference to a rule is referring to Chapter 25 of the Uniform Civil Rules 2020.
Any reference to a Will means a testamentary document (formal or informal) and includes a codicil.
If you have elected to proceed as a self-represented litigant, it is strongly recommended that you consider rule 351.8 of Chapter 25 of the Uniform Civil Rules 2020.
The questions on CourtSA do not cover all possible situations. When your application is examined, further evidence may be required.
View the current probate fees or contact CourtSA Registry Services for more information.
Once the originating application has been sealed the file will be reviewed in depth. The time this takes can vary depending on the complexity of each application.
This can vary on the complexity of each application. However, if the grant application is not complex and has been lodged in the correct form, it should issue in under 4 weeks.
You can download a copy of a grant if a grant has been issued by the South Australian Probate Registry. There is no associated fee.
- Log into CourtSA
- Choose from the drop down to the question ‘What would you like to do?’ the option ‘Search for a Probate Grant’.
- Enter at a minimum the first initial of the first name and the last name of the deceased.
- If there is a result it will appear under the search and if a copy of the grant is available you will see ‘download’ in blue.
- Click on the word ‘download’ and follow the prompts for a copy to be sent to your chosen email address.
Please be aware that once a grant has issued, it becomes a public document and this includes any will and/or codicil(s).
Please note: a copy of the grant does not include the statement of assets and liabilities.
You can search for a further grant in CourtSA.
- Log into CourtSA
- Choose from the drop down to the question ‘What would you like to do?’ the option ‘Search for a Probate Grant’.
- Enter at a minimum the first initial of the first name and the last name of the deceased.
You can search for Probate applications in CourtSA.
- Log into CourtSA
- Choose from the drop down to the question ‘What would you like to do?’ the option ‘Search for a Probate Grant’.
- Enter at a minimum the first initial of the first name and the last name of the deceased.
After lodging your application on CourtSA, go to ‘my existing cases’. In the relevant case, click the documents tab and download the document titled “Original Will Coversheet”. Place the original marked Will in a A4 envelope and affix the printed cover sheet to the envelope.
Personal applicants must also place in the envelope their completed certificate of identity with annexed copies of identity documents and any other original affidavit or letter.
The original will is to be lodged in person or by registered post to the Probate Registry at Sir Samuel Way Building, 241-259 Victoria Square, Adelaide SA 5000.
The original Will/original grant/authenticated copy of a grant is NOT to be taken apart (staple removed) for the purposes of photocopying or scanning.
Do not attach paper clips, bulldog clips or anything else of this nature to the Original Will/original grant/authenticated copy of a grant.
Identity verification is a 100 point identification check which must be completed before an authorised witness.
An authorised witness is defined as:
(a) the Registrar of the Court;
(b) a justice of the peace;
(c) a notary public;
(d) a Commissioner for taking affidavits;
(e) a police officer, other than a police officer who is a probationary constable; and
(f) any other person authorised by law to take affidavits;
The identity papers provided must include:
• at least one original ID document from Category A
• the rest of the documentation: all from Category A or from Category A and Category B
• at least one document that includes your signature/photograph
• documents with a current residential address
• ID in one name
Please see Practice Note 4 of 2024 for a full list of Category A and B documents.
Refer to rule 351.8 of Chapter 25 of the Uniform Civil Rules 2020.
Requisitions will be sent to you by email.
Requisitions will be sent from either CAAPMRegistrarofProbates@courts.sa.gov.au or CAAPMProbateEnquiries@courts.sa.gov.au
If you have lodged an application but the grant has not yet issued, you have two options:
- Discontinue your application and relodge. The filing fee will be refunded.
- Wait until the grant has been issued and file an additional or inaccurately described asset. Please be aware there is an additional Court fee associated with this type of lodgement.
If the grant has been issued:
Additional or inaccurately described assets:
If you have a paper grant (ie the file was lodged before the Electronic System/CourtSA was launched):
- Please upload a scanned copy of the signed affidavit of additional assets or inaccurately described assets (Form PROB47) to your file.
- Send the Probate Registry an email to notify them you have done so with any Registrar’s Certificate of Disclosure in a Word document (Form PROB48) you wish to be sealed.
Notification by email is necessary because there is no automatic alert on the migrated paper files unlike the files created electronically.
The Probate Registry will then request the paper file from storage to enable the examination and processing of the affidavit. Registry staff will directly contact the lodging party if there are any issues. Any registrar’s certificate of disclosure will be sealed and made available to the lodging party on CourtSA. Notification will be sent by email when the registrar’s certificate of disclosure can be accessed.
Please note, if you do not already have case access to the file you will need to request access through CourtSA.
If you have an electronic grant (it will have a PROB number):
- Log into CourtSA
- Go to ‘My Cases’ via the portal and select the case.
- Under ‘Available Actions’ click on ‘Add/Amend Asset or Liability’.
- Follow the questions to either disclose an additional asset or amend the description of an inaccurately described asset.
- Go through the cart payment process.
- Once payment has been made, you can download a copy of the receipt from the ‘Payments’ tab.
The Probate Registry will then examine and process the lodgement and will directly contact the lodging party if there are any issues.
Any registrar’s certificate of disclosure will be sealed and made available to the lodging party on CourtSA. Notification will be sent by email when the registrar’s certificate of disclosure can be accessed.
Please note, if you do not have case access to the file then you will need to request this through CourtSA before you begin the process.
Liabilities
If you need to disclose a liability to the Court after a grant has issued, please upload a letter to your electronic file or email the Probate Registry
You should provide details of the estate (full name of the deceased and the Action Number) and a description of the liability in your letter or email.
Please note, if you do not have case access to the file, you will need to request access through CourtSA.
This function is only to be used if there is a clerical error on the face of the grant– ie the spelling of a name or an incorrect address.
- Log into CourtSA
- Go to ‘My Cases’ via the portal and select the case.
- On the summary page click the ‘Amend or Revoke Grant’ button
- Follow the prompts
- Enter the reason for the amendment in the box provided
- Upload a scanned copy of the affidavit setting out the grounds for amendment
If your application to amend the grant is accepted, you will receive an email advising that an order has been made and the grant has been amended. The Court order and the amended grant will be available on CourtSA.
Refer to rule 357.2 of Chapter 25 of the Uniform Civil Rules 2020.
Yes.
The original Will/original grant/duly authenticated copy (if an application is lodged seeking the registration or reseal of a grant) must be lodged with the Probate Registry.
All other lodgements must be performed on CourtSA.