How to File a CourtSA Probate Application in South Australia
You file a CourtSA probate application by completing the online questionnaire at the CourtSA portal, paying the court filing fee, and then — critically — physically delivering the original will to the Probate Registry in Adelaide. The digital submission alone does not start the court's review process. You must do both.
This page explains each stage of the CourtSA application in plain English, covering the requirements under Chapter 25 of the Uniform Civil Rules 2020 that govern South Australian probate since January 2025. It also identifies the most common reasons applications receive a formal requisition from the Probate Registry — and how to prevent each one.
Before You Start: Check Whether Probate Is Actually Required
Not every estate in South Australia requires a formal Supreme Court grant. Before investing time in the CourtSA application, work through this decision sequence:
- Did the deceased own real property in their sole name or as a tenant in common? If yes, probate is required. You cannot transfer or sell South Australian real estate without it.
- Are all bank accounts either jointly held or below the individual bank's release threshold? If yes, informal release is possible. CBA and ANZ will typically release up to $100,000 without a grant; BankSA requires probate for balances above approximately $50,000.
- Is the total estate value $100,000 or less with no real property? If yes, the Public Trustee can administer under Section 73 of the Succession Act 2023 without a court application — though their commission (4.4% of gross estate value) will likely exceed the CourtSA filing fee.
- Is any single asset holding $15,000 or less? Section 100 of the Succession Act 2023 permits direct transfer to a surviving spouse, domestic partner, or child without any grant.
If probate is required, proceed to the steps below.
Stage 1: Assemble Your Documents Before Opening the Portal
The CourtSA portal uses a questionnaire format to generate the application. You will need the following documents ready before starting, because you will need to enter specific information accurately and upload PDF scans.
Mandatory documents:
- Death certificate — the official certificate issued by Consumer and Business Services (CBS) Births, Deaths and Marriages. Funeral director's notices are not sufficient.
- Original will — the physical, signed original. Not a photocopy. If only a copy exists, you face a significantly more complex application to "prove the copy." Do not remove staples from the original will at any point.
- Asset and liability inventory — a comprehensive list of the deceased's assets (with values as of the date of death, not the date of application) and liabilities. Real estate must be valued using the Valuer General's figure from the council rates notice or a formal appraisal by a licensed property valuer — not your personal estimate.
Stage 2: Identity Verification (Rule 351.8)
This is the stage that most frequently causes delays for self-represented applicants. Under Rule 351.8 of the Uniform Civil Rules 2020, a personal applicant must complete a 100-point identity check before an authorized witness and have that witness complete a Certificate of Identity.
What 100 points requires:
| Category | Documents | Point Value |
|---|---|---|
| Category A | Australian passport (current or expired within 2 years) | 70 points |
| Category A | Birth certificate (Australian) | 70 points |
| Category B | Current Australian driver's licence | 40 points |
| Category B | Medicare card | 25 points |
| Category B | Council rates notice (current, showing your residential address) | 25 points |
The most common combinations: passport + driver's licence (110 points), or birth certificate + driver's licence + Medicare card (135 points).
Who can witness the identity check:
- Justice of the Peace
- Non-probationary police officer (probationary constables are not authorized)
- Notary public
- Commissioner for taking affidavits
The witness must see your original documents. They must certify copies. They must sign the Certificate of Identity confirming the check was completed. All identity documents must reflect the same legal name and current residential address — if your driver's licence shows an old address, update it before the identity check.
If there are multiple applicants, each person requires a separate Certificate of Identity completed by an authorized witness.
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Stage 3: Marking the Will (Rule 356.5)
Before lodging the will with the court, you and your authorized witness must physically sign the reverse side of the last page of the original will. This is called "marking the will" and it is a mandatory procedural requirement under Rule 356.5 of the Uniform Civil Rules 2020.
The exact requirements:
- Both the applicant and the authorized witness must sign on the back of the last page.
- If the will has codicils (amendments), those must also be marked.
- The original staples or binding must remain completely untouched. Removing a staple — even to flatten the document for scanning — implies pages may have been added or removed, triggering an automatic requisition from the Probate Registry. Scan the will with staples intact using a flatbed scanner or by carefully lifting the pages without removing the binding.
This step is completed at the same time as the identity verification — the same authorized witness who checks your identity must also witness the will marking.
Stage 4: The CourtSA Portal Application
Log into your CourtSA account (create one at courts.sa.gov.au if you do not have one). Navigate to the probate application section and follow the questionnaire.
Key inputs the portal requires:
- The deceased's full legal name as it appears on the death certificate (not the name on the will if they differ — note the discrepancy in the application with an explanation).
- A Statement of Assets and Liabilities: every asset with its date-of-death value, and every liability. This includes all South Australian assets. If the deceased was ordinarily resident in Australia, interstate and overseas assets must also be disclosed.
- Details of every executor named in the will. If a co-executor has died, you must provide their date of death. If a co-executor is alive but not applying, they must either formally renounce (using Form PROB16) or have "leave reserved" — a mechanism that lets them step back now but apply later if needed.
- The gross value of the South Australian estate, which determines the filing fee.
The portal will generate:
- A draft Statement of Assets and Liabilities
- The filing fee amount
- An Original Will Coversheet (print this — you will need it)
Pay the filing fee by credit card through the portal's payment gateway. Keep the receipt.
Stage 5: Physical Lodgement of the Original Will
Paying the filing fee online does not commence the Probate Registry's review. The application is not active until the original will is physically received by the registry.
What to lodge:
Inside a standard A4 envelope:
- The original will, placed unfolded (do not fold it to fit a smaller envelope)
- The original Certificate of Identity (with certified ID copies stapled to it)
On the outside of the envelope:
- The CourtSA-generated Original Will Coversheet, securely affixed
Where to send it:
Probate Registry, Sir Samuel Way Building, 241–259 Victoria Square, Adelaide SA 5000.
You can deliver in person during business hours or send via Australia Post registered post. If sending by registered post, retain the tracking number and lodge-receipt confirmation. The registry will not process the application until the physical package is received and matched to the digital file.
Stage 6: The Wait — and What Happens After Filing
After the physical lodgement is received, the Probate Registry's examining officer reviews the application. If the file is complete and compliant, a grant is issued as a digital document — typically within four to eight weeks for a complete application.
If you receive a requisition: The registry will send an email from [email protected] identifying the specific rule breach. Common requisitions include asset valuation issues, naming discrepancies, and executor accounting failures. The registry cannot explain what the rule requires or how to fix it. This is the moment when having a comprehensive SA-specific reference guide matters most.
After the grant is issued: The digital grant must be presented to each bank holding estate assets. For real property, the grant must accompany the Transmission Application to Land Services SA. The grant does not expire.
The Most Common Causes of Requisitions (and How to Avoid Them)
| Error | What the Registry Issues | Prevention |
|---|---|---|
| Staple removed from original will | Requisition for tampering explanation affidavit | Never remove staples; scan with binding intact |
| Real estate valued by personal estimate | Requisition for formal valuation | Use Valuer General figure from rates notice |
| Naming discrepancy between will and death certificate unaddressed | Requisition for explanation affidavit or statutory declaration | Note any discrepancy in the application with explanation |
| Identity documents not in same legal name | Certificate of Identity rejected | Resolve name issues (marriage cert, change of name) before the identity check |
| Co-executor's status unaddressed | Application halted | Obtain renunciation (Form PROB16) or record date of death before filing |
| Physical lodgement package assembled incorrectly | Package rejected and returned | Use A4 envelope, will unfolded, coversheet on exterior |
Who This Page Is For
The CourtSA filing process is accessible to self-represented executors. The South Australia Probate Process Guide provides the complete step-by-step manual — every CourtSA screen, every Rule 351.8 and Rule 356.5 requirement, the bank threshold matrix, and the Land Services SA property transmission workflow — in the order you actually need it. It was built on the Succession Act 2023 and the Uniform Civil Rules 2020 as they apply from 1 January 2025.
Who This Is NOT For
The CourtSA self-represented pathway is not appropriate when:
- A probate caveat has been lodged by a family member or other party.
- The will is being contested on grounds of testamentary capacity or undue influence.
- The estate is insolvent.
- You received a requisition you do not understand and need legal advice on how to respond.
For these situations, a South Australian succession solicitor is the right tool.
FAQ
How long does a CourtSA probate application take?
A complete, error-free application typically receives a grant within four to eight weeks of physical lodgement. Applications that receive a requisition commonly take three to four months, because each requisition response restarts the review clock. The 28-day minimum waiting period from the date of death must also elapse before the registry will review any application.
Can I check the status of my CourtSA probate application online?
Yes. Log into your CourtSA account and check the file status under your PROB reference number. Requisitions are sent by email to the address registered on your CourtSA account — ensure the email address is current and monitored.
Do I need to appear in person at the Probate Registry?
No. The entire process — except the identity check and will marking with your authorized witness, which occur wherever you meet your JP or police officer — can be completed without attending the registry in person. You can submit the digital application remotely and mail the physical will by registered post. If you live outside Adelaide, the guide covers the exact mailing protocol.
What if the deceased's name on the death certificate is slightly different from the name on the will?
This is a common issue. You need to explain the discrepancy within the CourtSA application. Minor variations (a missing middle name, a shortened first name) are typically addressed with a brief statutory declaration. More significant discrepancies may require a formal affidavit. Address the issue proactively in your application rather than leaving it for the registry to notice — the latter approach guarantees a requisition.
Can the Public Trustee file on my behalf?
The Public Trustee can administer small estates (up to $100,000, no real property) under Section 73 without any Supreme Court application. For larger estates, the Public Trustee can act as professional executor if appointed, but this involves their full commission schedule. The Public Trustee does not typically file CourtSA applications on behalf of private executors who retain that role — you would need to engage a private solicitor for that.
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