SA Estate Settlement Guide — Navigate the New Succession Act

The CourtSA Portal Accepted Your Login. Then It Rejected Your Identity Verification. The Bank Froze the Accounts. Land Services SA Wants an Ad Valorem Fee Nobody Mentioned. And the Succession Act Changed Every Rule You Thought You Knew.

Someone you love just died in South Australia. You called the bank to pay the funeral director. The bereavement team said the account is frozen and asked for a "grant of probate" — a document you cannot produce because you do not know what it is or how to apply for one. They mentioned something about releasing up to $50,000 without probate, but when you pushed, they said it depends on their "internal risk assessment" and asked you to sign an indemnity form you do not understand. Meanwhile, the funeral home needs a deposit, the electricity bill is overdue, and the mortgage payment is due next week.

You tried CourtSA. You created an account, uploaded your identification, and the system told you that you failed the 100-point identity check under Rule 351.8 of the Uniform Civil Rules 2020. You do not know what a "100-point identity check" involves, which documents qualify as Category A or Category B, or why the system rejected your driver's licence when you use it for everything else. You still have not reached the part where you are supposed to physically mark the original Will on the reverse side of the last page, place it unfolded in an A4 envelope with a printed coversheet taped to the outside, and deliver it to the Probate Registry in Victoria Square — because nobody told you the digital system still requires physical lodgement of the original Will.

You went online. One site says the Succession Act 2023 changed everything on 1 January 2025. Another still references the Administration and Probate Act 1919 — a law that no longer exists. A third mentions a $15,000 statutory release threshold under Section 100, but the bank is quoting $50,000. A funeral home blog covers the first seven days and then stops. A law firm blog explains executor liability under Section 98 — a provision that lets a person aggrieved by a breach apply to the Court for orders, including compensation for loss — and suggests you hire them immediately at $350 per hour.

Here is the reality: South Australia overhauled its entire succession law framework in 2025, mandates one of the most procedurally rigid probate systems in Australia, and provides almost no practical guidance for the families who must navigate it. The CourtSA portal is digital but the Will lodgement is physical. Section 98 of the Succession Act 2023 gives people aggrieved by an executor's failure to perform a legal duty a route to apply to the Court for orders, including compensation for resulting loss, while government websites still reference repealed legislation. And every law firm blog is designed to make you feel so overwhelmed that you hire a solicitor at $5,000 to $15,000 for work you may be able to do yourself.

The When Someone Dies in South Australia — Estate Settlement Guide is the Probate Registry's Missing Manual — the step-by-step workbook that bridges the gap between what SA government websites tell you exists and how you actually do it. Not a generic Australian overview. Not a pre-2025 guide still citing the Administration and Probate Act. A 13-chapter, South Australia-specific manual built entirely on the Succession Act 2023 and the Uniform Civil Rules 2020 — covering every stage from death certificate to final distribution, with the CourtSA procedures, Land Services SA forms, bank negotiation strategies, and statutory deadlines that no free resource puts into one sequence.

What's Inside the Probate Registry's Missing Manual

A 13-chapter guide, the First 48 Hours Checklist, and three appendices — covering every stage from the moment of death through final asset distribution, built specifically for the Succession Act 2023, CourtSA electronic lodgement, and South Australia's unique institutional requirements:

The First 48 Hours: Death Certificates and Immediate Actions

SA Health protocols, engaging a funeral director, and the critical distinction between a Medical Certificate of Cause of Death (which the doctor provides) and a Registered Death Certificate (which the funeral director usually applies for when registering the death with Consumer and Business Services). A standard certificate costs $72 and priority service adds $50, for $122 total — but the real cost is ordering too few. CourtSA accepts a complete scan of the original death certificate with a grant application; ask each other institution what type and format it accepts before ordering. Order 8 to 12 at the outset, because coming back later means re-applying and waiting weeks. This chapter also covers notifying organisations through the Australian Death Notification Service and why you should never pay the deceased's personal debts with your own money.

Securing the Estate Before You Have Legal Authority

If you are the executor, your duties begin at death, before probate is granted; you must protect the estate's assets from loss, theft, or damage. Locking the home, securing vehicles, redirecting mail through Australia Post (your best tool for discovering unknown bank accounts, superannuation statements, and outstanding debts), cancelling subscriptions, and the family conversation where you establish one rule: nobody removes anything from the property until a grant is issued.

Unlocking Frozen Bank Accounts: The $15,000 Rule vs. Bank Discretion

Section 100 of the Succession Act 2023 allows a person holding $15,000 or less in money or personal property for the deceased to pay it to a surviving spouse or domestic partner, or to a child with legal capacity, without a grant of probate. The Act says the holder may release the funds; it does not require a release. CommBank requires probate or Letters of Administration when solely held accounts exceed $100,000, or if the bank asks for one. Westpac requires a grant for accounts of $100,000 or more, where there is secured lending, or when opening an Estate of the Late account; some smaller accounts may also require one. Westpac's current release form requires estate representatives to indemnify it against claims connected with released funds and reimburse it if they were not entitled to request them. The guide explains how to request the Section 100 release, ask each bank about larger balances, what an indemnity form actually commits you to, and the documents each major bank's bereavement team requires.

The CourtSA Probate Application: Rule 351.8 and Rule 356.5

The most procedurally dangerous stage of estate settlement in South Australia. The guide walks you through the 100-point identity check under Rule 351.8 — which Category A and Category B documents qualify, why your identity must be verified before a Justice of the Peace or notary public (not a probationary constable), and the exact combination that satisfies the threshold. Then Rule 356.5: physically marking the original Will on the reverse side of the last page, preparing the Certificate of Identity, and assembling the physical lodgement package — an unfolded Will in an A4 envelope with the CourtSA coversheet printed and affixed to the outside, original staples intact, delivered to the Probate Registry in the Sir Samuel Way Building. The Court says a Will not marked under Rule 356.5 will be rejected, and an application is not considered until the required physical documents are lodged.

Intestacy Under the Succession Act 2023: The New $120,000 Preferential Legacy

If there was no valid Will, the Succession Act 2023 dictates who inherits. The surviving spouse or domestic partner receives the first $120,000 (up from $100,000 under the old law) plus the deceased's personal effects and a share of the residual estate. But Section 107 introduces a critical exception: a separated spouse or partner has no intestate entitlement if a valid financial agreement entered into on or after 1 January 2025 remained binding immediately before the deceased's death. And the presumption of survivorship has changed — if joint owners die simultaneously, the property is now treated as tenants in common, not presuming the younger outlived the elder. The guide maps the complete intestate distribution hierarchy with worked examples for every family structure.

Real Property Transfers: Land Services SA, PEXA, and the Fee Shock

The transfer of real property in South Australia runs through Land Services SA — and the costs are far higher than most families expect. The 2026/2027 transfer registration fee is value based: $7,178 for a property valued at $700,000. RevenueSA separately assesses stamp duty where applicable. The guide explains the critical distinction between a Survivorship Application (joint tenants — requires an application, proof of death, and identity and authority verification) and a Transmission Application (sole owner or tenants in common — requires probate or Letters of Administration), why Land Services SA strongly advises using a registered conveyancer or solicitor for estate transfers even though self-represented applicants can lodge the death-transfer documents in person or by post, and exactly what Verification of Identity and Verification of Authority documents to prepare.

Vehicle Transfers From a Deceased Estate

Service SA has a separate transfer process for vehicles in a deceased estate. The transfer fee is $33, and beneficiaries may qualify for a stamp duty exemption. The guide covers the forms, the documentation required for executor-held vehicles versus jointly owned vehicles, and how to handle vehicles that are still under finance.

The Public Trustee Question: Calculating Whether to Keep or Replace Them

Many South Australians who qualify use the Public Trustee's free will-drafting service, which requires appointing the Public Trustee as executor. The commission structure is aggressive: 4.4% on the first $200,000 of gross estate value, 3.3% on the next $200,000, 2.2% up to $600,000, and 1.1% on the remainder — calculated on gross value before debts. Plus 5.5% commission on non-rental income, separate rental rates of 2.75% when an external agent collects rent or 8.25% when the Public Trustee collects it, a $211 annual administration and audit fee, and taxation fees up to $286 per hour. At published rates, a $500,000 estate has $17,600 in capital commission before any reduction, income commission, and other fees. The guide provides a fee calculator worksheet and explains how to request that the Public Trustee renounce their appointment in favour of a private administrator — and when that is a good idea versus when the Public Trustee's institutional infrastructure is actually worth the cost.

Executor Liability Under the Succession Act 2023

Section 98 of the new Act lets a person aggrieved by an executor's failure to perform a legal duty apply to the Court for orders, including compensation for resulting loss. Section 81 codifies the duty to distribute the estate "as soon as practicable." These are not theoretical risks — they are enforceable legal obligations with real financial consequences. The guide maps every executor duty, every statutory deadline, and the specific actions that create or prevent personal liability.

Taxes, Superannuation, and Final Government Notifications

The ATO date-of-death tax return, whether you need a separate trust tax return, the superannuation death benefit claim process, which is handled under the fund's rules and any valid nomination and may be paid to a dependant or the estate's legal personal representative, notifying Services Australia within 28 days if the deceased received a payment, and every federal and state agency notification mapped to a single tracking list. Plus the Funeral AssistanceSA program for low-income families. Eligibility includes an estate and death benefits valued below $4,000 when liquidated; the deceased being a South Australian resident with low income or a pension or benefit; immediate relatives with low income or a benefit, less than $4,000 in accessible funds, and either no home ownership or inability to borrow against home equity; and exhausting other funding options. A private funeral contract rules out the full-contract service, but a grant of up to $625 may still be available for a modest unpaid funeral account; no assistance is available if the account is paid in full.

Who This Guide Is For

• The surviving spouse who cannot access the bank accounts. The joint account is accessible but the sole-owner account is frozen, the funeral director needs payment, and the bank is asking for documents you have never heard of. The guide tells you how to request the $15,000 Section 100 release, when to ask about a higher discretionary release, and what an indemnity form means before you sign it.
• The adult child named as executor who has never navigated probate. Section 98 lets a person aggrieved by a failure to perform a legal duty apply to the Court for orders, including compensation for resulting loss — and you do not know what that means. The guide gives you the complete CourtSA procedure, the 100-point ID requirements, the Will marking rules, and every statutory deadline that determines whether you fulfil your obligations or breach them.
• The family trying to decide between DIY probate and hiring a solicitor. The solicitor quoted $5,000 to $15,000. You suspect there is a simpler path but you do not know how to navigate CourtSA, whether the holder will use Section 100 for a balance of $15,000 or less, or what the property transfer fees actually amount to. The guide includes the decision framework.
• The family discovering the Public Trustee's commission after the death. The free will came with a hidden cost — thousands in commissions calculated on gross estate value before debts. The guide provides the fee calculator and the renunciation process so you can make an informed decision before the Public Trustee begins charging.
• The regional family managing an estate from outside Adelaide. You live in Mount Gambier, Port Lincoln, or interstate, and the Probate Registry is in Victoria Square. The guide explains how to mail the physical Will package via registered post, which regional Service SA locations handle CBS death certificate applications, and how to coordinate every step without driving to Adelaide.
• The family on a limited income facing funeral costs. The guide covers Funeral AssistanceSA eligibility, the $4,000 estate and accessible-funds thresholds, the application process, and the $625 cap on after-the-event grants — because signing a private funeral contract rules out the full-contract service, though an unpaid account may still qualify for after-the-event assistance.

Why Free Resources Will Not Get You Through This

The information exists across dozens of South Australian government websites. The instructions for using it do not. Here is what actually happens when you try to settle an estate using free sources:

• SA.GOV.AU covers the first 48 hours and then stops. The government portal explains how to register a death and how to use the Australian Death Notification Service. It does not explain how to navigate CourtSA, how to physically prepare the Will for lodgement, how to negotiate bank fund releases, or how to calculate Land Services SA ad valorem fees. The checklist ends where the hard administrative work begins.
• The Legal Services Commission is accurate but passive. The LSC Law Handbook is the most legally reliable free resource in South Australia — fully updated for the Succession Act 2023. But it functions as an encyclopedia, not a workbook. It answers "What is probate?" but does not tell you "Do these five things before opening the CourtSA portal." You must already know the legal term you are looking for to find the answer.
• Funeral home websites cover their service and nothing else. Alfred James, Blackwell Funerals, and other SA funeral providers offer excellent first-week guidance — Centrelink notifications, death certificate applications, immediate logistics. Their guidance ends the moment the funeral invoice is paid. Probate mechanics, property transfers, bank negotiations, tax obligations, and asset distribution are entirely absent.
• Law firm blogs create anxiety to generate client enquiries. Boylan Lawyers, Scammell & Co, and similar practices produce accurate content about executor liability, probate triggers, and intestacy basics. Every article is strategically designed to convince you the process is too dangerous to attempt alone. They explain that Rule 351.8 requires identity verification but omit which documents satisfy it. They mention that the Will must be physically marked but do not explain how. The tactical steps remain proprietary — because selling you the consultation is the point.
• The internet is contaminated with pre-2025 advice. The Succession Act 2023 only took effect on 1 January 2025, replacing legislation that had been in force for over a century. The majority of blog posts, forum answers, and downloadable guides still reference the Administration and Probate Act 1919 — a law that no longer exists. Following pre-2025 advice risks distributing assets under the wrong intestacy rules, missing new executor duties, and overlooking statutory provisions that did not exist six months ago.

Free resources give you fragments across a dozen government websites, law firm blogs designed to sell consultations, and outdated advice based on repealed legislation. The Probate Registry's Missing Manual puts the complete post-2025 South Australian sequence into one workbook — from death certificate to final distribution — in the order you actually need it.

— Less Than Thirty Minutes With a South Australian Probate Solicitor

A single consultation with a South Australian probate solicitor costs $300 to $500 per hour. Full estate administration runs $5,000 to $15,000 depending on complexity. The Public Trustee charges 4.4% on the first $200,000 of gross estate value — $8,800 at the published rate, before any reduction and before income commissions and audit fees. This guide costs less than thirty minutes of professional legal time and gives you the complete South Australia-specific roadmap — every Succession Act 2023 provision, every CourtSA procedure, every Land Services SA form, every bank negotiation strategy, and the decision framework that tells you whether you actually need a solicitor or whether you are paying thousands for administrative work you can do yourself.

Your download includes the complete 13-chapter guide with three appendices (key contacts directory, essential forms reference, and glossary of SA legal terms), the standalone South Australia First 48 Hours Checklist, and fillable worksheets — the Estate Inventory Tracker, Public Trustee Fee Calculator, CourtSA Identity Verification Checklist, and Statutory Deadline Calendar. Instant download, no account required.

Full refund, no time limit. If the guide does not give you clarity on what to do next and confidence that you are doing it in the right order, email us for a full refund. No questions asked.

Not ready for the full guide? Download the free South Australia First 48 Hours Checklist — covering death certificate ordering, securing the home, financial boundaries, and the critical actions that must happen in the first two days. It is enough to get through tonight and tomorrow.

You did not ask for this job. But you are the one doing it. The bank will not release the money. CourtSA will not explain the rules. Land Services SA will not warn you about the fees. This guide puts every South Australia-specific step into one sequence so you can stop searching and start settling.