Probate Registry opening hours are between 9.30am-4.30pm

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

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

Existing court forms

The following table identifies the changes to existing Court forms.

Form NameOld Form Number2018 changeNew Form Number2025 change
Affidavit of due executionForm 01No ChangeForm PROB35Split into 3 forms now rather than having modifications
Affidavit of due execution where deponent was present when will executed, but not a subscribing witnessForm PROB36New
Affidavit where no affidavit of due execution can be obtained from a subscribing witness or other person presentForm PROB37New
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 PROB38New
Affidavit of plight and condition and findingForm 02No ChangeForm PROB39Updated to reflect the rules
Affidavit as to alias – WillForm 03No ChangeForm PROB40Updated to reflect the rules
Affidavit as to alias – IntestacyForm 04No ChangeForm PROB41Updated to reflect the rules
Affidavit of identity – Name changed since willForm 05No ChangeForm PROB42Updated to reflect the rules
Affidavit of identity – Name in will incorrectForm 06No ChangeForm PROB43Updated to reflect the rules
Affidavit to withdraw will deposited under s 6 or s 7 of the Wills Act 1936Form 07No ChangeDeleted
A letter is now required – refer to rule 352.7
Affidavit to withdraw will deposited with renunciationForm 08No ChangeForm PROB45Updated to reflect the rules
Affidavit verifying the translation of will or other documentForm 09No ChangeForm PROB44Updated to reflect the rules
Affidavit of service of warning and of search and non-appearanceForm 10No ChangeForm PROB11Updated to reflect the rules
Affidavit of service of citation and of search and non-appearanceForm 11No ChangeForm PROB15Updated to reflect the rules
Affidavit of service of a subpoenaForm 12No ChangeDeleted
Affidavit to lead to citation to accept or refuse probateForm 13No ChangeForm PROB12Updated to reflect the rules
Affidavit to lead to citation to accept or refuse administrationForm 14No ChangeForm PROB13Updated to reflect the rules
Affidavit to lead to citation against executor to whom leaveForm 15No ChangeForm PROB14Updated to reflect the rules
Affidavit to lead to citation calling on an executor who has intermeddled in an estate to take probateForm 16No ChangeDeleted
Affidavit to lead to citation to propound a willForm 17No ChangeDeleted
Affidavit to lead to citation to bring in grantForm 18No ChangeDeleted
Affidavit to lead to citation to see proceedingsForm 19No ChangeDeleted
Affidavit to lead to subpoena to bring in testamentary documentForm 20No ChangeForm PROB10Updated to reflect the rules
Affirmation of affidavitForm 21No ChangeDeleted
AffidavitForm 22No ChangeForm PROB34Updated to reflect the rules
Subpoena to bring in testamentary documentForm 23Automatically generated by CourtSA as part of completing the CourtSA Subpoena FormDeleted
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 probateForm 24Automatically generated by CourtSA as part of completing the Add Citation FormForm deleted from the Form Schedule
Automatically generated by CourtSA as part of completing the Add Citation Form
Citation to accept or refuse administrationForm 25Automatically generated by CourtSA as part of completing the Add Citation FormForm 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 probateForm 26Automatically generated by CourtSA as part of completing the Add Citation FormForm 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 probateForm 27Automatically generated by CourtSA as part of completing the Add Citation FormDeleted
Citation to propound a willForm 28Automatically generated by CourtSA as part of completing the Add Citation FormDeleted
Citation to bring in probate – Another will set upForm 29Automatically generated by CourtSA as part of completing the Add Citation FormDeleted
Citation to bring in probate – Intestacy allegedForm 30Automatically generated by CourtSA as part of completing the Add Citation FormDeleted
Citation to bring in letters of administration – Will set upForm 31Automatically generated by CourtSA as part of completing the Add Citation FormDeleted
Citation to bring in letters of administration – Administrator alleged not to be entitledForm 32Automatically generated by CourtSA as part of completing the Add Citation FormDeleted
Citation to see proceedingsForm 33Automatically generated by CourtSA as part of completing the Add Citation FormDeleted
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 noticeForm 34AReplaced with CourtSA Originating Application FormForm PROB1Automatically 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 summonsForm 34BReplaced with CourtSA Originating Application FormForm PROB2Automatically 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 capacityForm 34CReplaced with CourtSA Originating Application FormDeleted
Originating Application form on CourtSA to be used instead – see above
Consent of proposed executor to actForm 35No changeForm PROB8Updated to reflect the rules
Response to Originating ApplicationForm PROB3New
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 ApplicationFrom PROB4New
OrderForm PROB5New
Written submissionsForm PROB6New
Consent formForm PROB7New
GrantForm 36Replaced with CourtSA Grant Application FormDeleted
Executor’s oathForm 37No longer requiredForm PROB26May be required in certain circumstances if requested by the Registry
Executor’s oath for double probateForm 38No changeForm PROB31Updated to reflect the rules
Executor’s oath after order pronouncing for a will in solemn formForm 39No changeForm PROB22Updated to reflect the rules
Certificate of execution to accompany will to be deposited under s 13 of the ActForm 40No changeForm PROB50Updated to reflect the rules
Executor’s declaration to obtain probate where will deposited under s 13 of the ActForm 41No changeDeleted
Oath of administrator with the will annexedForm 42No changeForm PROB27Updated to reflect the rules
Oath of administrator with the will annexed de bonis nonForm 43No changeForm PROB32Updated to reflect the rules
Oath of administratorForm 44No changeForm PROB28Updated to reflect the rules
Oath of administrator (without will) de bonis nonForm 45No changeForm PROB33Updated to reflect the rules
Oath of administrator pendente liteForm 46No changeForm PROB23Updated to reflect the rules
Oath of administrator leading to a grant ad colligenda bonaForm PROB24New
Oath of administrator leading to a grant ad litemForm PROB25New
Renunciation of probateForm 47No changeForm PROB16Updated to reflect the rules
Renunciation of probate by a trust corporationForm 48No changeForm PROB21Updated to reflect the rules
Renunciation of letters of administration with the will annexedForm 49No changeForm PROB17Updated 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 probateForm 50No changeForm PROB20Updated to reflect the rules
Renunciation of letters of administrationForm 51No changeForm PROB18Updated to reflect the rules
Renunciation and consent form Spes Successionis grantForm PROB19New
Oath to lead re-seal of overseas grantForm 52No changeForm PROB30Updated to reflect the rules
Oath to lead registration of interstate grantForm PROB29New
Advertisement for the re-sealing of grantForm 53No changeDeleted
Inventory of real and personal property in the State of South AustraliaForm 54No changeDeleted
Affidavit of assets and liabilitiesForm 55Automatically generated by CourtSA as part of completing the CourtSA Grant Application FormForm PROB46May be required in certain circumstances if requested by an officer of the Probate Registry
Affidavit of additional (or inaccurately described) assets and liabilitiesForm 56No changeForm PROB47Required on files where the grant was issued in paper or if requested by an officer of the Probate Registry
Certificate of disclosure Registrar’s certificateForm 57Automatically generated by CourtSA as part of completing the CourtSA Grant Application FormForm PROB48May be required in certain circumstances if requested by an officer of the Probate Registry
Official certificate of grantForm 58No longer requiredDeleted
Power of attorneyForm 59No changeForm PROB49Updated 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.
CaveatForm 60Automatically generated by CourtSA as part of completing the CourtSA Probate Caveat FormForm deleted from the Form Schedule
Automatically generated by CourtSA as part of completing the CourtSA Probate Caveat Form
Warning to caveatForm 61Automatically generated by CourtSA as part of completing the Add Warning FormForm deleted from the Form Schedule
Automatically generated by CourtSA as part of completing the Add Warning Form
Appearance to warning or citationForm 62Automatically generated by CourtSA as part of completing the CourtSA Add Warning FormForm deleted from the Form Schedule
Automatically generated by CourtSA as part of completing the CourtSA Add Appearance Form
Appearance to summonsForm 63No changeForm PROB3Document (now called Response t Originating Application) produced by CourtSA but can also be uploaded by a party
Caveat against allowance of commissionForm 64No changeDeleted
A standard caveat application is required
Notice of appeal from decision of the Registrar of ProbatesForm 65No changeDeleted
Estate and administration accounts under s 56 of the ActForm 66No changeDeleted
Refer to the Public Trustee Regulatory team for the appropriate form
Will authorised under s 7 of the Wills Act 1936Form 67No changeForm PROB9Updated to reflect the rules
Notice of change of practitionerForm 68No changeForm 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 personForm 69No changeForm deleted from the Form Schedule
Automatically generated by CourtSA as part of completing the CourtSA Case Access application
Judicial advice book applicationForm 70No changeDeleted
Now lodged by Originating Application

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.