Deceased Estates

A grant of Probate is an order of the court which provides the Executor with the authority to administer a deceased person's estate in accordance with the terms of the Will and allows the assets of the estate to be collected for the beneficiaries.

Most organisations such as banks, credit unions, superannuation companies and share registries will not allow a deceased's assets to be dealt with unless the Executor can provide them with a grant of Probate. Any of the deceased's real property (other than property held as joint tenants) cannot be transferred or sold without a grant of Probate being provided to the Lands Titles Office.

Obtaining the grant involves the preparation and lodging of several documents at the Probate Registry of the Supreme Court of South Australia.

If a person dies without leaving a Will, or without leaving a valid Will, then this person dies intestate.

A grant of Probate cannot be applied for as there is no Will.

Letters of Administration or Letters of Administration with Will annexed will need to be applied for. This is usually much more costly and time consuming, therefore it is very important to have a valid Will prepared.