Interstate Probate in South Australia: Registering an Interstate Grant Under the 2023 Law

If a person died in another Australian state or territory — or overseas — but owned assets in South Australia, the executor or administrator needs authority to deal with those South Australian assets. An interstate grant can use the Section 57 registration pathway. An overseas grant generally follows a separate reseal process rather than interstate registration.

Section 57 of the Succession Act 2023, which commenced on 1 January 2025, provides a simpler registration process for a valid interstate grant. An executor holding a valid interstate grant generally does not need to apply for a fresh South Australian grant; the existing grant can be registered.

What Changed Under Section 57

Under the old system, interstate executors had to apply to the Supreme Court of South Australia to formally seal their existing grant, as if they were starting over in a new jurisdiction. This required separate court fees, additional documents, and weeks of processing time.

Section 57 replaces this with registration for interstate grants. Once registered, an interstate grant carries the same legal force in South Australia as a grant originally issued by the Supreme Court of South Australia. The executor can then deal with South Australian assets — access bank accounts, lodge a Transmission Application for real estate, and close investments — on the same basis as a locally-appointed executor. An overseas grant follows the applicable reseal process.

Which Grants Can Be Registered

The Section 57 registration pathway applies to:

• Grants of probate issued by any Australian state or territory Supreme Court
• Grants of letters of administration from any Australian state or territory
• Overseas grants are dealt with through a separate reseal process, not this interstate registration pathway

For an overseas grant, the applicable reseal requirements still apply. If the death certificate for an overseas death is not in English, a qualified translator must prepare Form PROB44 (an affidavit of translation).

How to Register an Interstate Grant

Registration is processed through the CourtSA portal — the same mandatory digital platform used for all South Australian probate matters. There is no separate physical form to complete; the registration is lodged as a structured application through the portal.

The executor must:

1. Upload the original interstate grant or a duly authenticated copy, as required by the CourtSA instructions
2. Provide a complete Statement of Assets and Liabilities for all assets and liabilities located in South Australia at the time of registration
3. Pay the applicable registration fee (the same tiered fee scale as standard probate — calculated on the gross value of South Australian assets)
4. Complete the required oath for registration, including Form PROB29 where required, and lodge the original grant or duly authenticated copy through the Probate Registry's physical lodgement process

The Court filing fees for 2025/2026 are:

There is no reduction in fees for registration versus an original application. The filing fee is the same.

South Australian Asset Disclosure Is Still Required

Registration does not eliminate the executor's obligation to disclose South Australian assets. The Statement of Assets and Liabilities submitted at registration must accurately reflect:

• All real estate located in South Australia (using Valuer General or licensed valuer figures, at date of death)
• Bank accounts with South Australian institutions
• Shares or investment accounts with SA-registered holdings
• Any other South Australian assets

The executor is legally affirming the accuracy of this statement. Errors or omissions can result in requisitions from the Probate Registry, just as with original applications.

What Registration Does Not Cover

Registration under Section 57 gives authority over South Australian assets only. If the deceased also owned assets in other states — for example, an investment property in Victoria or bank accounts with an institution primarily associated with Queensland — those assets are governed by those jurisdictions' rules. The executor may need to register or reseal separately in each state where assets are located.

Similarly, if the South Australian assets include real estate, the executor will still need to complete a Land Services SA Transmission Application after registration to formally transfer the title. The registered grant is the prerequisite; the Transmission Application is the next step.

Practical Tips for Interstate Executors

Verify your grant covers South Australia. Some estate-planning documents or will drafting services use jurisdiction-specific language. In rare cases, a grant may include limiting language that could affect its operation in South Australia. Check the original grant document.

Identify South Australian assets early. Before lodging the registration, compile all SA-based assets and their date-of-death values. This is the most time-consuming part of the process and is often the step that causes delays.

Check the bank threshold situation. Even after registration, major South Australian banks (particularly BankSA, which is reported to frequently require a grant when total deposits reach $50,000 or more) may require proof of the registered grant before releasing funds. The registration under Section 57 provides that grant authority.

Real estate moves separately. If the deceased owned a South Australian property in their sole name or as a tenant in common, the registered grant enables you to lodge a Transmission Application — but Land Services SA has its own Verification of Identity and Verification of Authority requirements that must be met separately.

The South Australia Probate Process Guide covers the Section 57 registration process in detail, including the CourtSA filing sequence, asset disclosure requirements, and the Land Services SA Transmission Application that follows registration.

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