PA Law Legal Video Guides · Gawler, Adelaide & South Australia

By Manal Amro, Principal Solicitor, PA Law Pty Ltd
Updated: 15 October 2026

Watch: probate in South Australia explained

Watch on YouTube · Read the transcript · Frequently asked questions

Being named executor can feel overwhelming while you are grieving. This short video explains the starting point. Use the guide below to organise your questions before deciding what the estate needs.

Probate in South Australia: 5 essential answers

1. What does a grant of probate do?

A grant confirms the executor’s formal authority to deal with the estate under the Will. It helps establish that authority when collecting assets and dealing with institutions. Obtaining the grant is part of estate administration; it does not complete the entire process.

2. When is probate needed?

Check each asset and ask its holder whether a grant is required. A small bank balance may be released without one, subject to the bank’s conditions. Land owned solely by the deceased or as a tenant in common generally requires a grant to transfer the deceased’s interest. Joint tenancy has different consequences, so check the title rather than relying on a description such as “jointly owned”.

3. What happens if there is no Will?

If a grant is needed and there is no Will, an eligible person usually applies for letters of administration. If there is a Will but no executor who can take the grant, letters of administration with the Will annexed may be appropriate. The applicant’s entitlement and the correct grant must be checked.

Our dying without a Will video guide explains why intestacy can affect a family’s expectations.

4. What if the original Will cannot be found?

Keep any copies and record the searches made. Contact the solicitor or organisation that may hold the original and seek advice before treating the estate as intestate. A missing original needs careful investigation; a photocopy is not automatically an adequate replacement. If the original is found, keep it intact and do not remove its staples to scan it.

5. When should an executor seek advice?

Ask for assistance early if there are uncertain assets or debts, a missing or disputed Will, an executor who cannot act, overseas connections or disagreement between family members. Advice should address the particular documents and responsibilities, including what needs to happen before distribution.

What to gather before a probate appointment

You do not need every answer before contacting PA Law. Start with what is available:

• The original Will and any codicils, or details of where they may be held.
• The death certificate, if available, and the deceased’s full name and date of death.
• A preliminary list of bank accounts, property, investments, other assets and debts.
• Ownership details and any letters from banks or other organisations requesting a grant.
• Executor and beneficiary details, your main questions and any urgent dates.

PA Law assists clients in Gawler, Adelaide and across South Australia with probate and estate administration. For help locating assets, see our executor’s missing-assets video guide.

Frequently asked questions about probate

Does every estate need probate in South Australia?

No. Whether a grant is needed depends on the assets, their ownership and the requirements of the organisations holding them. Ask each asset holder what evidence it needs.

What is the difference between probate and letters of administration?

Probate concerns a Will and an executor appointed by it. Letters of administration generally apply where there is no Will; administration with the Will annexed may apply when there is a Will but no executor able and willing to obtain probate.

Can I apply for probate without a solicitor?

Yes. South Australia permits personal applications through CourtSA. You remain responsible for the application and the proper administration of the estate. Legal assistance can be useful if the Will, assets or family circumstances are complicated.

Does a grant mean I can distribute the estate immediately?

Not necessarily. The grant is one stage of administration. Debts, tax, claims and other responsibilities must be considered before beneficiaries receive the balance.

Video transcript

Someone you love has passed away, you’ve been named executor… and now everyone keeps mentioning probate. But what actually is it?

Probate is the process where the Supreme Court formally recognises the Will and your authority as executor to deal with the estate.

But here’s something many people don’t realise — not every estate needs probate. It can depend on what the person owned, how those assets were held, and what banks and other institutions require.

And what if there’s no Will? What if you can’t find the original Will? Or there’s a house, debts, multiple beneficiaries—or a family dispute? That’s when deceased estates can get complicated very quickly.

If you’re dealing with an estate in South Australia and you’re not sure what to do next, speak to us at PA Law. We’ll help you make sense of the process — and take the next step with confidence.

Official South Australian probate resources

• Courts SA: probate and grants.
• Courts SA: deciding whether a grant is needed and choosing the application.
• Courts SA: probate questions and handling original documents.
• Legal Services Commission SA: estates and administration.

General information only, not legal advice. The appropriate process depends on the estate and the law that applies. Obtain advice about your circumstances before acting.