How to Apply for Probate in South Australia Without a Lawyer

Applying for probate through CourtSA without a solicitor is entirely possible — the portal was explicitly designed for self-represented applicants. The process requires careful preparation across five stages, and the most common failures are procedural (wrong document format, missed physical lodgement step) rather than legal. If the estate involves a clear will, no disputes, and standard assets like a property, bank accounts, and superannuation, a first-time executor can realistically handle this with a good guide and a Justice of the Peace.

Before You Start: Do You Actually Need Probate?

Not every estate requires a Supreme Court grant. Working through this decision framework before filing can save you $987 to $3,945 in court fees.

Check bank release thresholds. Each financial institution sets its own internal policy. BankSA requires probate if the deceased held $50,000 or more in solely-held accounts. Commonwealth Bank typically releases up to $100,000 with a deceased estate indemnity form. ANZ, NAB, and Westpac each have their own thresholds — contact their dedicated bereavement teams directly.

Check the Section 100 statutory transfer. Under the Succession Act 2023, any institution or individual holding $15,000 or less of the deceased's money or personal property may transfer it directly to a surviving spouse, domestic partner, or child without a grant. This applies per holder, not per total estate.

Check the Section 73 small estate pathway. If the total estate is under $100,000 and contains no real property, the Public Trustee can administer it through a Government Gazette notice — no court application required. The trade-off is their 4.4% commission.

Check real property title. If the deceased owned real property as a joint tenant, it passes automatically to the surviving owner through survivorship — no probate needed. If the property was in the deceased's sole name or held as tenants in common, probate is mandatory before Land Services SA will transfer the title.

If probate is required, here is the process.

Stage 1: Gather Your Documents

Before touching the CourtSA portal, assemble everything you need:

• Death certificate — obtain from Consumer and Business Services (CBS) Births, Deaths and Marriages
• Original will — the physically signed original, not a photocopy. If you only have a copy, you face a secondary application to prove a copy, which is substantially more complex
• Asset and liability inventory — every bank account, property, vehicle, superannuation fund, shares, debts, and mortgages. All valuations must be as of the date of death, not today's date
• Real estate valuation — from the Valuer General (check the council rates notice) or a licensed property valuer. Personal estimates are rejected
• Your identification documents — enough for a 100-point identity check. Category A: passport, birth certificate. Category B: driver's licence, Medicare card. All documents must show the same legal name and current residential address

Stage 2: Complete the 100-Point Identity Verification

Rule 351.8 of the Uniform Civil Rules 2020 requires self-represented applicants to verify their identity before an authorised witness. This step catches more first-timers than any other.

Find an authorised witness. Valid options: Justice of the Peace, police officer (not a probationary constable), notary public, or Commissioner for taking affidavits. Most South Australian libraries, council offices, and some pharmacies provide free JP services.

Present your original documents. The witness must sight original identification totalling at least 100 points. A passport (70 points) plus a driver's licence (40 points) is the most common combination.

Name consistency matters. If your driver's licence says "J. Smith" but your passport says "James Robert Smith," you need a linking document — a marriage certificate, change of name certificate, or statutory declaration explaining the discrepancy.

Complete the Certificate of Identity. The witness signs the Certificate, and you staple certified copies of your identification documents to it. Each co-applicant needs a separate Certificate.

Stage 3: Mark the Original Will

Rule 356.5 dictates this step, and getting it wrong triggers an automatic requisition.

Sign the reverse side of the last page. Both you (the applicant) and the authorised witness must sign the back of the final page of the original will. If there are codicils, mark those too.

Do not remove staples. Under no circumstances should you remove the will's original staples or bindings to scan it. Evidence of tampering — staple holes, re-stapling — will be flagged by the Probate Registry, requiring an explanatory affidavit about the will's integrity.

Scan the will as a single PDF. After marking, scan the complete will (including back pages with signatures) as one continuous PDF document. Do not separate pages into multiple files.

Stage 4: File Through CourtSA

Log in to the CourtSA portal and follow the step-by-step questionnaire:

1. Create your account if you do not already have one
2. Select the application type — Grant of Probate (if there is a will) or Letters of Administration (if intestate)
3. Enter the deceased's details — full legal name, date of death, last address, marital status
4. Enter executor details — account for every executor named in the will. Non-applying executors must either renounce (Form PROB16) or have "leave reserved"
5. Complete the Statement of Assets and Liabilities — list every asset and debt with date-of-death valuations. Use the exact naming conventions the portal expects (the most common requisition trigger is incorrect asset descriptions)
6. Upload PDF scans — death certificate, marked original will (single continuous PDF), Certificate of Identity with annexed ID copies
7. Pay the filing fee — by credit card through the secure payment gateway

Filing fees for 2025/2026:

• Estate up to $200,000: $987
• $200,001 to $500,000: $1,973
• $500,001 to $1,000,000: $2,628
• Over $1,000,000: $3,945

Stage 5: Physical Lodgement

This is the step most self-represented applicants miss. Paying the online fee does not commence the court's review.

After completing the digital submission, CourtSA generates a unique PROB file number and an Original Will Coversheet. You must:

1. Print the coversheet and fill in the required details
2. Tape or affix the coversheet to the outside of a standard A4 envelope
3. Place inside the envelope: the original will (unfolded, original staples intact) and the original Certificate of Identity
4. Deliver to the Probate Registry — either in person or by registered post to: Probate Registry, Sir Samuel Way Building, 241–259 Victoria Square, Adelaide SA 5000

The Probate Registry will not process your application until the physical documents are received and matched with your digital file. For regional or interstate executors, registered post is the standard approach — just allow extra days for delivery.

After the Grant

Once the grant is issued (typically 4 to 12 weeks for uncontested applications), the real work begins:

• Notify banks with a certified copy of the grant to release frozen accounts
• Lodge a Transmission Application with Land Services SA to transfer real property title
• Claim superannuation death benefits from the fund trustee (these usually sit outside the estate)
• Lodge the deceased's final tax return with the ATO
• Pay debts in priority order — funeral expenses first, then secured debts, taxes, unsecured creditors
• Distribute to beneficiaries under Section 81's "as soon as practicable" obligation

The South Australia Probate Process Guide covers each of these stages in detail, including the bank release strategies, Land Services SA forms, and the creditor priority sequence that protects you from personal liability under Section 98.

Frequently Asked Questions

What happens if CourtSA sends me a requisition?

A requisition is a formal request to correct an error in your application. It is not a rejection. Common triggers include incorrect asset descriptions, mismatched names between the will and death certificate, or identity verification issues. You respond by correcting the error in the portal or providing additional documentation. Requisitions typically delay the grant by 2 to 4 weeks.

Can I apply for probate before 28 days after the death?

No. The Probate Registry will not process applications lodged before 28 days have elapsed from the date of death. This waiting period exists to allow potential caveats to be lodged and to ensure the death certificate has been issued.

What if the will has a different name than the death certificate?

This is common — a will might use a middle name the death certificate omits, or vice versa. The CourtSA portal has specific fields to explain name discrepancies. If the difference is substantial, you may need a supplementary affidavit. Minor variations (middle name included vs excluded) are usually handled within the portal's standard naming rules.

Do I need to advertise the probate application?

For standard probate (with a valid will), advertising is not required. For Letters of Administration (intestacy), you must publish a notice in the South Australian Government Gazette and a local newspaper before the court will process the application.

What if I discover the estate is insolvent after I start?

Stop all distributions immediately. An insolvent estate — where debts exceed assets — requires creditors to be paid in a strict statutory priority order. Paying a low-priority creditor (like a credit card) before a high-priority one (like funeral expenses or a secured mortgage) can make you personally liable. This is a hard escalation trigger: engage a solicitor experienced in insolvent estate administration.

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