Probate is a document issued by the Supreme Court of South Australia where a Will has been proved to its satisfaction.
The Supreme Court of South Australia is the only court in this state that can make orders in connection with the validity of a Will of a deceased person and the appointment of an executor or administrator of a deceased estate. The Probate Registry at the court manages applications by executors and administrators.
The Supreme Court will not decide for you whether you require a grant of either probate or letters of administration. Whether you require a grant depends on the nature and extent of the assets that the executor or administrator is seeking to be administered and the requirements of the institutions holding particular assets.
Where the deceased owned land in their sole name it needs to be sold or transferred during the estate administration – the executors require probate as it must be produced to the Land Titles Office before dealing with the land.
If a bank account needs to be closed, the bank may require the executors to produce probate before paying the proceeds to the executors.
If there is no Will, the next of kin (called an ‘administrator‘ rather than an ‘executor‘) will need to obtain letters of administration from the Supreme Court of South Australia rather than probate. The legal effect of both documents is similar, namely it is a grant by the court to a person to give them the right to deal at law with the assets of a deceased person.
Obtaining a grant of probate or letters of administration requires an application to the Probate Registry of the Supreme Court of South Australia and to succeed the applicant must comply with strict requirements set out in the relevant court rules.
We can assist you to obtain a grant of probate or letters of administration if you are the executor of a Will or the administrator where there is no Will.
The costs associated with obtaining a grant of probate or letters of administration are generally paid out of the assets of the estate and therefore you will usually not incur any personal expenses performing that task.
Contact Us
Call us on 8523 8400 or email us at legal@rudalls.com.au if you require any advice in connection with probate or letters of administration.