In most cases there is no dispute as to whether a document is the last will of the deceased and probate is granted in common form without a court case. Obtaining the grant involves the preparation and lodging of several documents at the Probate Registry of the Court. The documents to be lodged are:
- an executor's oath (in effect, the application for probate)
- the original will of the testator
- a draft grant of probate
- an affidavit of assets and liabilities which must have a schedule of assets and liabilities annexed.
The filing fee varies from $780 to $3118, depending on the gross value of the deceased estate (as of 1 July 2017).
Where there is a dispute (see contesting a will) which has been decided by the Supreme Court, the Probate Registry gives a grant of probate in solemn form.
Obtaining a grant of probate : Last Revised: Thu Jul 6th 2017
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.
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