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Disclosure of assets to the court

Any person (including an executor, trustee, bank or other institution) who deals with an asset of the deceased without first either:

  • disclosing it to the court; or
  • being satisfied that the asset has been disclosed to the court

is guilty of an offence and liable to a fine of up to $2,000 [see Administration and Probate Act 1919 (SA) s 121A].

If a formal grant of probate or letters of administration is not needed (see release of assets) assets need not be disclosed.

If a statement of assets and liabilities has already been generated by CourtSA, and something needs to be added or corrected, disclosure can be made through the CourtSA portal from 19 September 2022. Where grants were issued prior to the commencement of the CourtSA portal, the paper Form 56 will need to be filed. See Probate and CourtSA for more information.

Disclosure of assets to the court  :  Last Revised: Fri Nov 30th 2018
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.