When a loved one passes away, dealing with legal and financial matters can feel overwhelming. One of the most common questions executors ask is:

“How much does probate cost in South Australia?”

The answer depends on several factors, including the value of the estate, whether a lawyer is engaged, and the complexity of the administration. In this article, we explain what probate is, when it is required, and the typical costs involved in obtaining a Grant of Probate in South Australia.

What Is Probate?

Probate is a legal process through which the Supreme Court of South Australia formally recognises a deceased person’s Will and confirms the authority of the executor named in the Will.

Once probate has been granted, the executor can generally:

• Access and close bank accounts;
• Sell or transfer real estate;
• Collect estate assets;
• Pay debts and liabilities; and
• Distribute the estate to beneficiaries.

Many financial institutions and other asset holders may require a Grant of Probate before releasing assets held solely in the deceased’s name.

What If There Is No Will?

Where a person dies without a valid Will, a Grant of Probate cannot be obtained. Instead, an eligible person may need to apply for Letters of Administration. The person appointed by the Court takes on responsibilities similar to those of an executor. Similar court filing fees and legal costs may apply.

Is Probate Always Required?

Not every estate requires probate.

Whether probate is needed depends on the nature and value of the assets.

For example, probate may not be required where:

• Assets were held jointly with another person;
• The estate consists only of low-value bank accounts; or
• Financial institutions are prepared to release funds without a grant.

However, probate is commonly required where:

• The deceased owned real estate solely in their name;
• The estate includes significant bank balances or investments; or
• Financial institutions specifically request a Grant of Probate.

Each institution has its own requirements, so it is important to obtain legal advice before assuming probate is unnecessary.

What Costs Are Involved in Obtaining Probate?

There are generally two main categories of costs associated with obtaining probate in South Australia:

Supreme Court Filing Fees

One of the unavoidable costs of obtaining probate is the filing fee charged by the Supreme Court of South Australia.

As at 1 July 2025, the filing fees are based on the gross value of the estate:

These fees are reviewed periodically and may change. Executors should check the current fee schedule before lodging an application.

For example, if an estate is worth $750,000, the current Supreme Court filing fee is $2,628.

It is important to understand that these fees are payable regardless of whether a solicitor is engaged to assist with the probate application.

How Much Does a Lawyer Charge for Probate?

Many executors choose to engage a solicitor to prepare and lodge the probate application.

Legal fees vary depending on the complexity of the estate. Factors that can affect legal costs include:

• The value and nature of estate assets;
• Whether real estate is involved;
• The number of beneficiaries;
• Whether additional affidavits are required;
• Whether the Will contains unusual provisions; and
• Whether any disputes or complications arise.

Straightforward probate applications generally involve lower legal costs than estates with multiple properties, overseas assets, missing beneficiaries or contested issues.

Some law firms offer fixed-fee probate services for straightforward estates, while more complex matters may be charged on a time-cost basis. Obtaining a tailored cost estimate at an early stage can help executors understand the likely costs involved before proceeding.

What Is the Total Cost of Probate in South Australia?

The total cost of probate generally consists of the Supreme Court filing fee and any legal fees incurred in preparing and lodging the application. The overall cost will depend on the value and complexity of the estate and whether any unusual issues arise during the probate process.

For straightforward estates, the costs are often limited to the court filing fee and legal fees. More complex estates involving multiple properties, overseas assets, missing beneficiaries or disputes may incur additional costs.

Who Pays the Probate Costs?

One of the most common concerns for executors is whether they personally have to pay probate expenses.

In most cases, reasonable probate expenses are paid from the estate rather than by the executor personally.

This generally includes court filing fees and reasonable legal fees incurred in obtaining probate.

Executors should keep records of all expenses and seek legal advice if there is any uncertainty regarding reimbursement.

Can I Apply for Probate Without a Lawyer?

Yes.

Executors are permitted to apply for probate without legal representation.

However, many people underestimate the amount of documentation involved.

A probate application typically requires:

• Court forms;
• An affidavit of executor;
• The original Will;
• The death certificate;
• An inventory of assets and liabilities; and
• Compliance with procedural requirements set by the Court.

If documents are incomplete or incorrectly prepared, the Court may issue requisitions requiring amendments before probate is granted.

For many executors, engaging a solicitor provides peace of mind and helps avoid unnecessary delays during an already difficult time.

What Happens After Probate Is Granted?

Obtaining probate is often only the first step in administering an estate.

The executor may then need to:

• Collect estate assets;
• Arrange property transfers or sales;
• Finalise tax matters;
• Pay debts and liabilities;
• Prepare estate accounts; and
• Distribute assets to beneficiaries.

In some estates, the administration process can continue for many months after probate has been granted.

Common Mistakes Executors Make During the Probate Process

Acting as an executor can be a significant responsibility, particularly for those who have never administered an estate before. One of the most common mistakes is distributing estate assets too early, before all debts, liabilities and claims against the estate have been identified and addressed. Executors should also take care to identify all outstanding liabilities, including loans, credit card debts and other financial obligations. Another common issue is failing to keep accurate records of estate transactions, which can make it difficult to account to beneficiaries and may expose the executor to disputes. Delaying the probate application can also slow the administration of the estate and postpone distributions to beneficiaries. In addition, executors should be aware of any taxation obligations that may arise during the administration process, including final tax returns and tax issues relating to estate assets. Seeking legal and accounting advice at an early stage can help executors avoid costly mistakes and ensure the estate is administered properly.

How Long Does Probate Take in South Australia?

Timeframes vary depending on the circumstances of the estate and the Court’s processing times.

Generally, an application cannot be lodged immediately after death because certain preliminary requirements must first be completed.

Once an application is properly lodged, processing times can vary throughout the year.

Delays are more likely where:

• Documentation is incomplete;
• The Will contains ambiguities;
• Additional evidence is required; or
• The Court issues requisitions.

Obtaining legal assistance at an early stage can often reduce delays and ensure the application is prepared correctly from the outset.

Frequently Asked Questions About Probate Costs

Who Pays Probate Costs?

In most cases, reasonable probate expenses are paid from the deceased estate rather than by the executor personally. This generally includes court filing fees and reasonable legal costs incurred in obtaining probate.

Can Probate Fees Be Reimbursed From the Estate?

Yes. Executors are generally entitled to be reimbursed from estate funds for reasonable expenses properly incurred in administering the estate.

Do All Estates Require Probate?

No. Whether probate is required depends on the nature and value of the assets and the requirements of the institutions holding those assets.

How Long Does Probate Take in South Australia?

Timeframes vary depending on the complexity of the estate and the Court’s workload. Delays may occur where documents are incomplete or additional information is required by the Court.

Can I Apply for Probate Without a Lawyer?

Yes. Executors may apply for probate themselves. However, many choose to engage a solicitor to ensure the application is prepared correctly and to minimise delays.

Can an Executor Be Paid for Their Time?

In South Australia, an executor is not automatically entitled to payment simply for carrying out their duties. However, an executor may be entitled to remuneration if the Will specifically authorises payment or if the beneficiaries agree to reasonable compensation. In some circumstances, the Court may also approve remuneration for an executor who has undertaken substantial work in administering the estate. This is separate from the executor’s right to be reimbursed for reasonable out-of-pocket expenses incurred while performing their duties, such as court filing fees, legal costs, valuation fees and other estate administration expenses. Executors should exercise caution before paying themselves from estate funds and should seek legal advice if there is any uncertainty regarding their entitlement to remuneration.

Need Advice About Probate?

If you have been appointed as an executor and would like advice about obtaining probate, PA Law Pty Ltd can assess whether probate is required, provide a clear estimate of likely costs and assist with the entire probate process. Contact our Adelaide office to arrange an initial consultation.

Author

This article was prepared by Manal Amro, Principal Lawyer of PA Law Pty Ltd. Manal assists executors and families throughout South Australia with probate applications, estate administration, wills and deceased estate matters.

Disclaimer

© 2026 PA Law Pty Ltd. All rights reserved.

The information contained in this article is provided for general information purposes only and does not constitute legal advice. While every effort has been made to ensure the information is accurate at the date of publication, laws, court procedures and government fees may change over time. The application of the law depends on the specific circumstances of each matter. You should not rely on this article as a substitute for obtaining legal advice tailored to your individual circumstances. If you require advice regarding probate, estate administration, executor responsibilities or any other legal matter, you should seek professional legal advice.

This article was prepared and reviewed by PA Law Pty Ltd. Artificial intelligence tools may have been used to assist with drafting and research. The content has been reviewed by a legal practitioner before publication. However, this article is provided for general information only and does not constitute legal advice.