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Obtaining a grant of probate

In most cases there is no dispute as to whether a document is the last will of the deceased and probate is granted in common form without a court case.

Obtaining the grant now involves registering for (either personally or through a solicitor), and uploading relevant information into CourtSA online. For more information see the Probate Rule, Form and Procedure Changes on the Courts Administration Authority website.

There is currently no requirement for a separate executor's oath, but the original will of the testator must be uploaded, and the following documents are now generated automatically by CourtSA:

  • a draft grant of probate
  • a statement of assets and liabilities.

The filing fee varies from $853 to $3410, depending on the gross value of the deceased estate (as of 1 July 2020). See the Courts Administration Authority website for the current fees.

Where there is a dispute (see Contesting a will) which has been decided by the Supreme Court, the Court makes a grant of probate in solemn form.

Obtaining a grant of probate  :  Last Revised: Fri Jan 10th 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.