When a person passes away, leaving assets in South Australia, a legal representative or an executor administers the estate of the deceased. To do so, the executor needs to apply to the Supreme Court of South Australia for a grant of probate in SA. Before addressing the 7 steps that you can perform for grant application, it’s crucial to understand – what is probate?
What is a Probate in SA?
A probate is a legal procedure in which the Supreme Court of SA certifies that:
- A person has passed away (the deceased).
- The deceased left a valid Will.
- The executor(s) named in the Will have the authority to administer and finalise the deceased’s estate.
Applying for a grant of probate:
If you are an executor and are applying for probate in SA, the following are the 7 steps you can perform to obtain the grant:
Step 1: Determining If a Grant is Necessary
You may not always require a grant to administer the deceased’s assets in South Australia and there is no statutory requirement for the same. However, a grant is required when a third party doesn’t release the assets of the deceased without a grant from the Probate Registry. The third-party could include banks, company share registries, nursing homes, etc.
Step 2: Determining the Type of Grant
There are various types of grants such as:
- Grant of Probate: If there is a Will with a valid appointment of an executor.
- Letters of Administration: If there is no Will and you are the person with the highest priority to claim a grant.
- Reseal of a Grant: A grant from interstate or a foreign Court needs to be resealed in South Australia to administer the assets.
- Letters of Administration with the Will Annexed: If there is a Will but there is no appointed executor.
It is crucial to determine the type of grant you need to apply for, depending on the various circumstances mentioned above.
Step 3: Document Collection
The documents required to apply for a grant of probate are as follows:
- The Original Will and any codicil/s (a codicil is an addition to the will that changes the will in certain ways)
- Death Certificate of the deceased
- Details of the assets and liabilities of the deceased person
- Identity verification of the executor or administrator with the Probate Registry
- Credit Card for payment of the fee while submitting the application
Step 4: Log in to CourtSA
To apply for a grant at the Supreme Court of South Australia you need to log in to CourtSA with your email address and password. You need to be registered to perform this step. CourtSA’s online application procedure assists you to self-litigate your grant application.
Step 5: Filing the CourtSA Grant Application Form
There are a series of questions asked in the CourtSA Grant Application form, to assess your application. Your answers to these questions are used in Court documentation. In case you do not know the answer to a question or you can’t find the answer on the form, contact a lawyer for assistance.
Step 6: Submit Your Application and Pay the filing fee
After completion of the grant application, it’s crucial to double-check the details of the form. If the form has been filled correctly, click on the ‘Proceed’ option, to apply. You are directed to the payments page where you need to pay the filing fee. If you have made a mistake in the form, you need to write to the Probate Registry through email and inform them about the mistake as soon as possible to address the issue.
Step 7: Submit Your Original Will
Once you have completed the grant application form, CourtSA generates an original Will cover sheet based on your application. You can print this will and provide details of documents to be enclosed in the envelope in the space provided on the cover sheet. As a self-litigator or solicitor, you are then required to submit this will (enclosed in an envelope) to the Probate Registry (either in person or by post)
How to check if probate has been granted in NSW?
So, how to check if probate has been granted in NSW? You can perform the following steps to check your grant of probate status:
- Contact the Supreme Court of NSW Registry on 1300 679 272;
- Speak to a staff member and enquire about your request;
- Provide the Case Number for the application.
The case number is part of the notice published showcasing your intent for a grant of probate.
How much does it cost to apply for probate in South Australia?
The cost of applying for probate in SA varies from $886 – $3545 depending on the value of the estate of the deceased ranging from less than $200,000 – $1 million or more. The filing fees cover the photocopies required of the will and other documents, preparing and sealing any probate documentation, and other related charges.
To enquire in detail about the application for grant of probate in SA or address your queries about – how to check if probate has been granted in NSW, contact Probate Consultations @ 1300 561 803 now and book your free consultation immediately!