The 100-Point ID Check for Probate in South Australia

The 100-point identity check is one of the most frequently misunderstood requirements in the South Australian probate process. Executors who have verified their identity for a bank account or passport assume the concept is familiar — but the probate version has specific rules about which documents count, who can witness them, what name discrepancies are acceptable, and how the certified copies must be physically attached to the lodgement. Getting any of these details wrong generates a requisition from the Probate Registry and delays the grant by weeks.

Why the 100-Point Check Is Required

Under Rule 351.8 of the Uniform Civil Rules 2020 and Practice Note 4 of 2024, every personal applicant (a self-represented executor who is not using a solicitor) must verify their identity before an authorised person before the CourtSA probate application can be processed. This requirement applies to personal applicants only — if you have engaged a solicitor, they handle the verification process differently.

The verification is not a digital upload or a tick-box on the portal. It is a formal, witnessed identity check that must take place in person before the digital application is submitted. The authorised witness then signs a statutory Certificate of Identity confirming that the check was completed.

Who Can Witness the ID Check

Only specific categories of authorised persons can witness the identity verification for probate purposes. These are:

• Justice of the Peace (JP) — available at many SA government service centres, police stations, libraries, and community locations. JPs are the most accessible option for most executors.
• Notary Public — lawyers with notarial commissions; typically found in commercial law firms.
• Commissioner for taking affidavits — often practitioners authorised under the Oaths Act 1936.
• Police officer — must be a commissioned officer or senior constable; probationary constables are explicitly excluded from acting as witnesses for this purpose.

Friends, family members, local councilors, bank managers, and accountants cannot witness the check for probate purposes, regardless of their professional standing. If you are unsure whether a proposed witness qualifies, contact the Probate Registry before proceeding.

What Documents Make Up 100 Points

The document categories for SA probate identity verification follow a tiered system. You must reach 100 points by combining documents from the required categories.

Category A documents (70 points each):

• Current Australian passport (or a foreign passport with a current Australian visa)
• Australian birth certificate
• Australian citizenship certificate
• Australian visa (on a foreign passport, if the passport itself is Category A)

Category B documents (40 points each):

• Current Australian driver's licence with photograph
• Medicare card (with current name and address match)
• Current council rates notice showing residential address
• Current utility bill showing residential address (electricity, gas, water — issued within the last three months)
• Australian Electoral Commission enrolment card

To reach 100 points, the most common combination is:

• A birth certificate (70 points) plus a driver's licence (40 points) = 110 points
• A passport (70 points) plus a driver's licence (40 points) = 110 points

You can use any combination that totals 100 or more, but you must include at least one Category A document. Two Category B documents alone (40 + 40 = 80) do not satisfy the requirement.

The Name Matching Rule

Every document presented in the identity check must reflect the exact same legal name. This is a strict requirement, not a guideline.

Common problems arise when:

• A driver's licence uses a middle name that is absent from the birth certificate
• A Medicare card shows a name different from the name on a utility bill
• The executor changed their name after marriage but some documents predate the change

If there is a discrepancy, you must provide a linking document explaining the difference — most commonly a marriage certificate (if the name changed due to marriage) or a statutory declaration (if the discrepancy arises for another reason). The linking document does not need to meet the 100-point threshold itself; it exists solely to explain the name variation.

All documents must also reflect the executor's current residential address. Outdated utility bills or an old rates notice listing a previous address will not satisfy the requirement. If you have recently moved, use a rates notice or utility bill for the current address.

The Certificate of Identity

Simultaneously with witnessing the identity documents, the authorised witness must sign a Certificate of Identity — a statutory form available through the CourtSA portal. This certificate records:

• The executor's full name
• The identity documents presented (with document types, issue dates, and identifying numbers)
• A declaration by the witness that the check was completed and the documents appear genuine

Certified copies of all identity documents must be physically annexed (stapled) to the Certificate of Identity before lodgement. "Certified" in this context means the authorised witness has placed their signature and the words "certified true copy" (or similar) on each copy alongside the date. Uncertified photocopies are not acceptable.

If there are multiple personal applicants — for example, two adult children applying together as co-executors — each applicant must complete a separate Certificate of Identity with their own 100-point document check witnessed independently. A single certificate covering multiple applicants does not satisfy the requirement.

How It Fits Into the Overall Lodgement

The CourtSA process requires the identity check to be completed before or concurrently with the physical will lodgement. The sequence:

1. Complete the CourtSA online application, upload all documents (will, death certificate, asset statement), and pay the filing fee.
2. CourtSA generates a printed Original Will Coversheet.
3. Complete the identity check with the authorised witness, sign the Certificate of Identity, and attach certified document copies to it.
4. Place the original will (unfolded, original staples intact) and the original Certificate of Identity in an A4 envelope with the CourtSA coversheet affixed to the outside.
5. Lodge the envelope at the Probate Registry, Sir Samuel Way Building, 241–259 Victoria Square, Adelaide — either in person or by registered post.

The Probate Registry does not begin reviewing the application until the physical envelope is received and matched to the digital file. If the Certificate of Identity is missing or incorrectly completed, you will receive a requisition — a formal correction request that restarts the review clock.

Common Mistakes That Cause Requisitions

The Probate Registry issues requisitions for identity check errors more frequently than for almost any other procedural issue. The most common causes:

• Using a probationary constable as the witness — excluded by rule; the rejection is automatic.
• Name discrepancy without a linking document — a different middle name or a married vs. maiden name without explanation.
• Outdated address on a utility bill — bills more than three months old may not be accepted.
• Uncertified copies — photocopies without the witness's certification signature are rejected.
• Stapling the Certificate to the certified copies incorrectly — the copies must be firmly annexed to the Certificate itself, not placed loose in the envelope.
• One Certificate for multiple applicants — each co-executor needs their own form and their own identity verification.

What Happens If You Get a Requisition

If the Probate Registry issues a requisition about your identity check, the application halts. You will receive an email from the registry outlining the specific deficiency. You must then:

1. Identify the problem from the requisition notice (usually referencing a specific rule number).
2. Correct it — often requiring a fresh identity check with the same or a different authorised witness.
3. Upload the corrected Certificate of Identity via CourtSA.
4. Physically re-lodge the corrected documentation.

This adds two to four weeks to the grant timeline in most cases. The best way to avoid it is to complete a checklist review of the Certificate before lodgement.

The South Australia Probate Process Guide includes a step-by-step identity verification checklist, a complete list of authorised witnesses by location, and a "requisition-proofing" review process for your full CourtSA lodgement package.

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