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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 involves registering (either personally or through a lawyer) and uploading relevant information into the CourtSA online portal. For more information, see the probate webpage 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 $957 to $3,826 (as at 1 January 2025), depending on the gross value of the deceased estate. Always check the Courts Administration Authority website for the current fees.

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

Obtaining a grant of probate  :  Last Revised: Mon Dec 30th 2024
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.