How Long Does Probate Take in South Australia?

The most common question executors ask after lodging a CourtSA probate application is: when will this be done? The exact timing depends on the completeness of the application and registry processing. A requisition or an issue with the physical will can add weeks to the process.

Here is what the probate timeline actually looks like — and where it usually breaks down.

The Mandatory 28-Day Wait

You cannot lodge a South Australian probate application until 28 days after the date of death. The CourtSA portal and the Probate Registry will not evaluate or issue a grant before this period expires, regardless of urgency. There are no exceptions.

This waiting period exists to allow anyone who might contest the will — or who holds a later version of it — time to come forward. Use those 28 days to gather documents: the original will, the death certificate from Consumer and Business Services (CBS), the 100-point identity verification, and the estate valuation.

The CourtSA Application Process

Once the 28-day window passes, the timeline breaks into four stages:

Stage 1: Digital submission You complete the application through the CourtSA portal, inputting the Statement of Assets and Liabilities, executor details, and estate particulars. The portal generates a PROB file number and an Original Will Coversheet.

Stage 2: Physical lodgement Paying the online filing fee does not start the clock. The application is not assessed until the Probate Registry receives the physical original will and your Certificate of Identity, delivered inside a sealed envelope with the CourtSA coversheet affixed to the outside. This must go to the Sir Samuel Way Building, 241-259 Victoria Square, Adelaide — by hand or registered post.

Stage 3: Registry examination Once the physical documents arrive and are matched to your digital file, an examining officer reviews the application. If everything complies with the Uniform Civil Rules 2020, Chapter 25, the grant is issued digitally. If not, the registry issues a requisition.

Stage 4: Post-grant steps After the grant issues, banks and financial institutions must act on instructions within 14 days under the Australian Banking Association's Banking Code of Practice. Land Services SA title transfers (Transmission Applications) have separate processing times depending on registry workload.

Total timing depends on the application, registry processing, and any requisitions.

What Causes Delays

The single biggest cause of delay is a requisition — a formal notice from the Probate Registry that something in the application is incorrect or incomplete. Common triggers include:

Staple or binding tampering on the original will. Under CourtSA practice rules, any evidence that the staple, clip, or binding of the original will has been disturbed implies that pages may have been added or removed. Even removing the staple to scan the document triggers an automatic requisition requiring an explanatory affidavit. Leave the binding completely untouched.

Asset valuation errors. The CourtSA system requires valuations as at the date of death. Real estate must be valued using the Valuer General figure (from the council rates notice) or a licensed property valuer's report — not the executor's personal estimate. Estimates get rejected.

Executor name discrepancies. If one of the co-executors named in the will has died, their exact date of death must be stated in the application. If a co-executor is alive but not acting, they must have filed a formal Renunciation of Probate (Form PROB16) before the application can proceed. Unaddressed co-executor situations stall the grant immediately.

Name mismatches between the will and the death certificate. A middle name present in one document but absent in the other, or a spelling variation, requires the executor to address the discrepancy formally. If the registry raises it as a requisition, you'll need to prepare a supplementary affidavit.

Identity certificate issues. Personal (self-represented) applicants must present 100 points of identification to an authorized witness — a Justice of the Peace, non-probationary police officer, or notary public — and the Certificate of Identity must be fully completed and attached to certified copies of the ID documents. Incomplete or unsigned Certificates of Identity are among the most common requisition causes.

A requisition can add weeks to the timeline while you await the email, identify the error, prepare the correction, resubmit, and wait for re-examination.

The Intestate Estate Takes Longer

If the deceased died without a valid will, you're applying for Letters of Administration rather than probate. The intestacy process adds an unavoidable step: before the registry evaluates the application, you must publish a formal notice of your intention to apply in both the South Australian Government Gazette and a local newspaper. This advertising period is mandatory. The application will not be processed until proof of publication is provided. This additional step can extend the timeline.

After the Grant Is Issued

Receiving the digital grant from CourtSA does not mean the estate is closed. The grant is a starting point, not a finish line. What follows typically includes:

• Obtaining sealed copies of the grant from the court ($93.50 per copy)
• Presenting the sealed grant to each financial institution to release account balances, subject to the institution's process
• Lodging the Transmission Application with Land Services SA if real property is involved, subject to its processing times
• Completing the final income tax return for the deceased person and lodging with the ATO
• Distributing estate assets to beneficiaries in accordance with the will

The Succession Act 2023 (Section 81) requires executors to distribute the estate "as soon as practicable." That's a statutory obligation, not just good practice. Under Section 91, beneficiaries who suffer financial loss because of an executor's unreasonable delay can apply to the Supreme Court for compensation, and claims can be made within three years of discovering the failure.

A Realistic End-to-End Timeline

If you're managing an estate right now and want to minimize the risk of triggering a requisition, the South Australia Probate Process Guide walks through every compliance requirement for the CourtSA application — from the Statement of Assets and Liabilities to the physical lodgement envelope — so your first filing is your only filing.

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