Who Can Make an Application for Probate in South Australia?

When someone passes away in South Australia and leaves behind a valid will, a grant of probate from the Supreme Court is usually required to manage their estate. Probate is a legal document that confirms the will's validity and authorises the executor to administer the estate according to the deceased person’s wishes. Understanding who can apply for probate is essential for a smooth estate administration process.

The primary person eligible to apply for probate is the executor named in the will. The executor is responsible for tasks such as gathering and valuing assets, paying debts and taxes and distributing the remaining estate to the beneficiaries as outlined in the will.

If the will names multiple executors, they can apply jointly, but if one executor is unwilling or unable to act, the others can proceed alone, provided the renunciation of the non-participating executor is formally recorded. When the appointed executor does not wish to act, they must complete a legal document known as a "Renunciation of Probate," which is a final decision that cannot be reversed. If a substitute executor is named in the will, they can apply for probate if the primary executor cannot or does not want to act.

In cases where the deceased did not leave a will, known as dying intestate, probate is not applicable. Instead, a grant of letters of administration is needed to manage the estate. In this situation, the surviving spouse or domestic partner is usually the first in line to apply, followed by adult children if no spouse or partner exists. If neither is available, the right to apply extends to other relatives, such as parents or siblings, in a specific order set by intestacy laws.

While it is possible to apply for probate without legal help, the process can be complex and time consuming. A lawyer with experience in wills and estates law can assist by ensuring that the application is correctly prepared and filed, providing advice on estate administration, and helping resolve any disputes that may arise. Engaging a lawyer can also help prevent delays and legal complications.

To apply for probate, the executor must submit several key documents to the Supreme Court of South Australia, including the original will, the death certificate, an inventory of the deceased’s assets and liabilities, and an affidavit verifying the will’s validity and the executor's right to apply for probate. If approved, the executor will receive a grant of probate, allowing them to manage the estate officially.

In summary, the executor named in the will has the primary right to apply for probate. If there is no will, South Australian intestacy laws determine who can apply for a grant of administration. Given the complexities involved, consulting with a lawyer can simplify the process and ensure that the estate is managed efficiently and in accordance with the law.

For professional advice and assistance with probate applications in South Australia, reach out to our firm. Our experienced team can guide you through each step, providing the support needed to administer the estate smoothly and effectively.

This guide is for informational purposes only. Please seek advice from a lawyer on your specific circumstances.