How to Settle an Estate in South Australia Without a Solicitor

You can legally settle most South Australian estates without a solicitor. The CourtSA probate portal is designed to accept self-represented applications from executors. The Succession Act 2023 does not require professional legal representation for estate administration. And for the majority of South Australian estates — a clear will, a family home, bank accounts, superannuation with a nominated beneficiary, and a vehicle — the administrative work is genuinely manageable with accurate, current instructions. The key word is "current." The Succession Act 2023 took effect on 1 January 2025, replacing over a century of legislation. Any resource, guide, or forum advice that still references the Administration and Probate Act 1919 is legally obsolete and potentially dangerous to follow. What follows is the complete sequence for settling an estate independently in South Australia.

When You Can and Cannot Do This Yourself

Before committing to a DIY approach, make an honest assessment of the estate's complexity. Most straightforward estates are manageable independently. Some specific circumstances are not.

Estates suitable for DIY settlement:

• Clear, validly executed will with named executor
• Assets limited to solely owned bank accounts, vehicles, personal property, and residential real estate
• Superannuation with a nominated beneficiary (paid directly to beneficiary, bypassing the estate)
• No creditor disputes, insolvent liabilities, or contested debts
• Beneficiaries in agreement about the will and distributions
• No offshore assets or interstate property requiring separate jurisdiction action

Estates that require professional legal assistance:

• Contested will or threatened family provision claim — stop immediately and engage a solicitor
• Insolvent estate (liabilities exceed assets) — halt all payments and contact the Public Trustee
• No valid will with a disputed intestacy distribution
• Complex asset structures: Self-Managed Superannuation Fund, business interests, unit trusts
• Assets in multiple Australian states requiring grant resealing
• Executor who lacks capacity or wishes to renounce but is the sole executor named

If the estate falls into the "suitable" category, proceed through the following sequence.

The Complete DIY Sequence

Step 1: First 24–48 Hours — Immediate Actions

When someone dies in South Australia, your Enduring Power of Attorney ceases immediately. If you held EPA authority over the deceased, it is now void — do not use it. The executor named in the will assumes authority, but formal legal power does not vest until a Grant of Probate is issued. Between death and grant, your authority is limited to preservation of the estate: securing property, preventing loss of assets, and arranging the funeral.

Immediate actions:

• Locate the original Will. Check home safes, bank safe deposit boxes, and contact the deceased's solicitor if known.
• Engage a funeral director. They will register the death with Consumer and Business Services (CBS) within seven days.
• Secure the deceased's home and vehicles. Change locks if necessary, redirect mail, and ensure home insurance remains active.
• Do not pay the deceased's personal debts from your own funds. Estate debts are paid from estate assets after a grant is issued.

Funeral funding: South Australian banks can release funds directly from the deceased's sole account to pay the funeral director, without a grant of probate, on presentation of the original funeral tax invoice. Ask the bank's bereavement team specifically. If the estate is very low-value (under $4,000 in total), check Funeral AssistanceSA eligibility before signing a contract with a private funeral director.

Step 2: First Week — Death Certificate and Initial Notifications

Apply for the Death Certificate through Consumer and Business Services (CBS) via SA.GOV.AU. Standard processing costs $69.50; priority processing (one business day) costs $118. Order 8 to 12 certified copies. Every bank, financial institution, Land Services SA, the Probate Registry, Centrelink, and each utility provider will require an original certified copy. Running out and reordering wastes weeks.

Once the death is registered, use the Australian Death Notification Service (ADNS) to notify multiple organisations simultaneously via a single free portal. The ADNS verifies against the official registry — it cannot be used until the death is registered with CBS. Contact Centrelink (Services Australia) immediately to halt any pension payments. Overpayments made after the date of death must be repaid by the estate.

Step 3: First Month — Asset Inventory and Probate Threshold Analysis

Prepare a complete inventory of all assets and liabilities with date-of-death valuations. This inventory serves two purposes: determining whether probate is legally required, and preparing the CourtSA Statement of Assets and Liabilities if it is.

Assets that do not require probate:

• Property held as joint tenants — passes by right of survivorship (Land Services SA survivorship application only)
• Superannuation with a nominated beneficiary — paid directly to the nominated person
• Life insurance paid to a named beneficiary — bypasses the estate entirely
• Bank accounts holding $15,000 or less in total — Section 100 of the Succession Act 2023 permits direct release to a surviving spouse, domestic partner, or child without a grant

Assets that require probate:

• Solely owned real property in South Australia
• Bank accounts above institutional discretionary release thresholds
• Shareholdings, managed funds, or investments held solely in the deceased's name
• Tenants-in-common property

Major banks have discretionary release thresholds significantly above the $15,000 statutory minimum — $50,000 to $114,000 at some institutions. These higher releases require you to sign an indemnity form accepting personal liability if an undisclosed creditor or beneficiary later surfaces. Understand what you are signing before you sign it.

Step 4: Applying for Probate via CourtSA

If probate is required, the application is made electronically through the CourtSA portal. There is no paper alternative. The process has two components: a digital application and a physical Will lodgement.

Prepare the following documents:

• Original Will (must be located and kept unfolded, original staples intact)
• Original Death Certificate (certified copy is insufficient — the Probate Registry requires the original)
• Completed Statement of Assets and Liabilities (date-of-death valuations, sole assets only, jointly held assets explicitly excluded)
• Identity verification documents (see Rule 351.8 below)

Rule 351.8 — The 100-Point Identity Check

You must verify your identity before an authorised person: a Justice of the Peace, notary public, or police officer (probationary constables are explicitly excluded). The verification requires specific combinations of Category A and Category B documents, ensuring at least one includes a photograph and at least one includes a signature, all under the same name. This is not a digital upload — it is a formal witnessed identity verification that must be completed in person before you submit the digital application.

Rule 356.5 — Marking and Lodging the Will

After the digital application is submitted and the CourtSA-generated coversheet is printed, physically mark the original Will on the reverse side of the last page. Place the unfolded Will (original staples intact, never removed for scanning) and your Certificate of Identity in an A4 envelope with the printed coversheet affixed to the outside. Physically lodge this at the Probate Registry, Sir Samuel Way Building, Victoria Square, Adelaide. Do not fold the Will. Do not remove staples. Regional executors can mail via registered post, but must follow the size and handling requirements exactly.

CourtSA filing fees: $957 (estate up to $200,000), $1,914 ($200,000–$500,000), $2,549 ($500,000–$1 million), $3,826 (above $1 million). Payment is made online via credit card during the digital application.

Processing time: Approximately four weeks for a correctly submitted application. Any error triggers a requisition — a formal correction notice that resets the timeline.

Step 5: After the Grant — Property, Accounts, and Distributions

Once the Grant of Probate is issued, you have legal authority to close accounts, sell real estate, transfer vehicles, and make distributions.

Pay debts first. Under Section 83 of the Succession Act 2023, the payment priority order is: (1) funeral and testamentary expenses, (2) taxes and statutory obligations, (3) secured debts, (4) unsecured creditors. Do not pay beneficiaries before all debts are settled.

Vehicle transfers: Service SA handles vehicle registration transfers. Complete within 14 days of taking ownership — a $105 late fee applies after this point.

Real property: Survivorship Applications (joint tenants) and Transmission Applications (solely owned or tenants in common) are lodged through Land Services SA. Lodgements go through the PEXA electronic conveyancing platform, which effectively requires a registered conveyancer — self-represented individuals generally cannot directly access PEXA. The standard lodgement fee is $198 for 2025/2026, but ad valorem transfer fees assessed by RevenueSA scale rapidly with property value — approaching $7,000 for a $700,000 property.

Do not distribute before six months. Under Section 118 of the Succession Act 2023, eligible persons have six months from the date the grant is issued to lodge a family provision claim. Distributing before six months exposes you to personal liability for the full value of a successful claim. Maintain a complete distribution ledger and obtain signed receipts from all beneficiaries at the time of distribution.

Who This Is For

• Executors with a clear, uncontested will and an estate that consists primarily of a home, bank accounts, and personal property
• Adult children managing a parent's estate where the family is in agreement and no claims are threatened
• Surviving spouses who need to transfer a jointly owned home (survivorship application) or access the deceased's bank accounts quickly to maintain household cash flow
• Executors who want to understand the process before deciding whether to engage a solicitor — the DIY sequence makes clear which stages are straightforward and which are genuinely complex
• Regional executors outside Adelaide who need specific guidance on mailing the physical Will package and using regional Service SA locations

Who This Is NOT For

• Any estate where a family provision claim has been threatened — this changes the entire administration approach and requires legal representation from the outset
• Insolvent estates — do not attempt DIY administration of an estate where debts may exceed assets
• Estates with no Will and a disputed intestacy — the Letters of Administration process via CourtSA is more complex than a standard probate application, and intestacy distributions under the new Act require careful legal analysis
• Executors who cannot physically get to Adelaide or follow the postal lodgement requirements — if the physical CourtSA Will lodgement creates insurmountable logistical difficulties, a solicitor or the Public Trustee may be worth the cost for that component alone

Frequently Asked Questions

The When Someone Dies in South Australia — Estate Settlement Guide gives you the complete DIY sequence under the Succession Act 2023 — CourtSA Rule 351.8 and Rule 356.5 explained step by step, the bank negotiation strategy for Section 100 releases, the Land Services SA property transfer requirements, and the statutory deadline calendar that ensures you meet every obligation in the correct order.

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