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
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 |
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 |
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.