The following is a guide to when an application for a grant of probate or letters of administration should be prepared by us or another lawyer of your choice.

• The estate value is greater than $50,000
• The estate includes bank accounts, shares, property, business interests or other assets or liabilities in the deceased’s own name
• Multiple wills or codicils are in place
• You anticipate potential disputes and/or claims against the estate
• The deceased person divorced, married, or re-married after making the will
• The will excludes potential beneficiaries who have a claim against the estate
• Superannuation and/or life insurance will be paid to the estate
• Assets are located in other states or overseas
• The deceased person lived in an aged care home and a RAD is payable to the estate

Please check this with us, or another lawyer, before proceeding with any estate administration as not all estates require a grant and may be able to be finalised without this formal step.

A grant (either a grant of probate or letters of administration) will be requested each time you want an organisation to release funds held by them on behalf of the deceased.

A grant of probate or letters of administration provides a set of checks and balances for both organisations and the executor or administrator of the estate, including:

• Confirming the deceased person has actually passed away
• Avoiding fraudulent claims by ensuring the organisation is dealing with the official representative (executor or administrator) of the estate
• Avoiding duplication where another will may exist by appointing someone else as executor
• Reducing personal liability through indemnity and release forms
• Reducing personal liability for claims made by another executor, beneficiary, family member, or creditor

Collating all the required information and submitting an application to the Supreme Court isn’t a simple process. We strongly recommend you work with a lawyer to act on your behalf.

We will work with you to determine the type of application required, ascertain who should submit the application on behalf of the estate and provide a detailed outline of the documentation required to complete the application.

The lodgement fee will depend on the gross value of assets held by the estate. A current CourtSA fee schedule can be found HERE.

The lodgement fee must be paid before the grant application can be submitted but will be reimbursed from the estate before distributions are made.

Depending on the size and complexities of the estate, gathering the required information and completing a final assets and liabilities register can take anywhere up to a few months.

Following lodgement of the application it can take three to six weeks to receive the grant if the Supreme Court of SA does not require any further evidence.

Probate applications can be delayed significantly because of errors or omissions, missing documents, incorrect declarations, or any incorrect applications of procedure.

We will work with you to gather all the documentation you require to support your application, which can be different for each estate. As a general guide, the following documents will be required:

• original will (or a copy with an accompanying affidavit if the original cannot be located)
• original codicil, if any
• original death certificate
• original death certificate of any deceased executor(s) named in the will
• identity documents if executor(s) incorrectly described in the will
• SACAT order, if relevant
• divorce order, if relevant
• statement of Assets & Liabilities
• executors’ Oath
• affidavit of Due Execution
• affidavit of Plight and Condition and Finding
• other Affidavits, as required
• lodgement fee

Receiving a grant of probate or letters of administration formally enables you to act on behalf of the deceased estate. As the executor you can transfer all assets and liabilities in the deceased person’s name to the estate and from the estate to the beneficiaries.