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. Before 2025, this typically required a separate, costly Supreme Court application to "reseal" the foreign grant. That process has been abolished.

Section 57 of the Succession Act 2023, which commenced on 1 January 2025, replaced the reseal mechanism with a simpler registration process. An executor holding a valid interstate or overseas grant no longer needs to apply for a fresh South Australian grant — they register the existing one.

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. Once registered, an interstate or overseas grant carries exactly the same legal force in South Australia as a grant originally issued by the Supreme Australian Supreme Court. 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.

Which Grants Can Be Registered

Section 57 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
• Foreign grants from overseas jurisdictions (with additional requirements)

For foreign grants not in English, Form PROB44 (an affidavit of translation) must be submitted by a qualified translator. The Probate Registry will not process an untranslated foreign document.

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 a certified copy of the original interstate grant
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)

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, with its stricter $50,000 threshold) require a registered or original South Australian grant before releasing funds. The registration under Section 57 satisfies this requirement.

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.

See more South Australia guides →