South Australia Probate: Apply, Fees, and Contesting a Will

South Australia grants probate through the Supreme Court's probate registry under the Succession Act 2023, the state's single consolidated succession statute. A family provision claim generally must be filed within six months of the grant, not the date of death, under section 118(1).

Information last verified on 20 July 2026. This page presents general legal information, not legal advice.

Jurisdiction scope: This page covers probate, wills, intestacy and family provision claims in South Australia only, under the Succession Act 2023 (SA), which commenced 1 January 2025. It does not cover other Australian states or territories, which apply different Acts, deadlines and fees; see the comparison links below. This is general information, not advice on your own estate.

Key South Australia probate and succession figures at a glance

South Australia is unusual among the states and territories: wills, administration and family provision all sit within one statute, the Succession Act 2023 (SA), rather than being split across separate Acts.

How do you apply for probate in South Australia?

An application for a grant of probate or letters of administration in South Australia is made to the Probate Registry of the Supreme Court of South Australia. Since 1 January 2025, wills, estate administration and family provision claims all sit within one statute, the Succession Act 2023 (SA), which replaced the Administration and Probate Act 1919, the Wills Act 1936 and the Inheritance (Family Provision) Act 1972, and administration is dealt with in Parts 3 and 4. Where the deceased left a valid will naming an executor, that executor generally applies for probate. Where there is no valid will, or no executor able or willing to act, a person entitled under the Act's intestacy rules may apply for letters of administration instead, lodged with the Probate Registry, including through the Supreme Court's online CourtSA system.

How much does probate cost in South Australia?

The Supreme Court of South Australia charges a probate filing fee tiered by the gross value of the deceased estate, reset each financial year. For FY2026-27, the fee ranges from $1,020 for estates up to and including $200,000 to $4,075 for estates over $1 million. These figures apply to the initial grant application and are separate from any Public Trustee or professional administration fees an estate may incur. Confirm the current amount on the Supreme Court's fee schedule before filing, rather than relying on a figure from a previous financial year. To estimate the fee for a specific South Australian estate value, use the South Australia probate fee calculator.

Contesting a will in South Australia: family provision claims

A person who believes a will, or the intestacy rules, has not made adequate provision for them can apply to the Supreme Court of South Australia for a family provision order under Part 6 of the Succession Act 2023. The time limit is strict: section 118(1) requires the application within six months of the date the grant is made, not six months from the date of death. This is a shorter, and differently triggered, deadline than in some other Australian jurisdictions, so a rule carried over from elsewhere in Australia can cause a claim to be missed. Sections 118(2) to 118(5) allow the Court to extend the time limit in some circumstances, but never once the estate has been finally distributed. Eligible applicants are the categories of people the Act recognises as entitled to claim, which can include a spouse, domestic partner or child of the deceased. Act well before the six-month mark, rather than close to it.

What happens if someone dies without a will in South Australia?

If someone dies without a valid will in South Australia, the Succession Act 2023 governs how the estate is distributed, replacing the intestacy rules that previously sat in the Administration and Probate Act 1919. A surviving spouse or domestic partner is entitled to a statutory legacy ahead of other beneficiaries, and section 105(2) sets this at a confirmed floor of $120,000. The Act allows the legacy to be adjusted upward by Gazette notice, and a later notice may have raised it above $120,000; that could not be independently confirmed, so treat $120,000 as the floor and confirm the current amount with the Probate Registry or a legal practitioner. The remaining estate is then divided among the surviving spouse, domestic partner, children and other relatives under the Act's distribution scheme; this page does not predict how any particular estate will be divided, since the outcome depends on the family circumstances involved.

Making a valid will in South Australia

A valid will in South Australia must generally be in writing, signed by the testator, and witnessed by two people present at the same time, formalities that continue under the wills provisions of the Succession Act 2023. Where these requirements have not been strictly followed, such as a will that is unsigned or witnessed incorrectly, sections 11(2) and 11(3) of the Act give the Supreme Court power to dispense with them and admit an informal document to probate as a valid will, if satisfied on the ordinary civil standard that the deceased intended the document to be their will. This dispensing power is not a substitute for properly executing a will; relying on it involves real risk and delay for an estate.

Enduring power of attorney in South Australia

An Enduring Power of Attorney in South Australia is created under the Powers of Attorney and Agency Act 1984 (SA) and lets a person (the donor) appoint someone to make financial and legal decisions on their behalf, continuing even if the donor later loses capacity. This EPA instrument covers financial and legal matters only; it does not extend to health, medical treatment or personal lifestyle decisions. Those are instead handled through a separate document, an Advance Care Directive, which lets a person set out their wishes for future health and personal decisions and appoint someone to make those decisions if they become unable to. A person planning ahead in South Australia generally needs both documents, rather than assuming one covers both, as is the case in some other Australian jurisdictions.

How does South Australia compare to other states and territories?

South Australia's six-month, grant-triggered family provision deadline is shared with some other Australian jurisdictions, but the governing Act, fee scale and statutory legacy still differ in every case. Victoria runs the same grant-triggered limit under a different Act, the Administration and Probate Act 1958 (Vic), with its own fee scale; see probate in Victoria. Western Australia also measures from the grant, under the standalone Family Provision Act 1972 (WA), with a flat filing fee rather than South Australia's tiered scale; see probate in Western Australia. The Australian Capital Territory likewise runs six months from the grant, under its own Family Provision Act 1969 (ACT), with a different fee structure and a statutory legacy that accrues interest; see probate in the Australian Capital Territory. New South Wales and Queensland instead measure from the date of death, so a rule read for those states should never be applied to a South Australian estate. For the full national comparison, see the Australia wills and probate hub, how to apply for probate in Australia and contesting a will in Australia.

This page presents general legal information about wills, probate and family provision claims in South Australia only. It was last verified on 20 July 2026. It is not legal advice, and applying these rules to a specific estate requires consulting a legal practitioner admitted in South Australia. For related guides, see the Australia wills and probate hub and how to apply for probate in Australia.

Frequently Asked Questions

How long do I have to contest a will in South Australia?

Generally six months from the date the grant of probate or administration is made, under section 118(1) of the Succession Act 2023. This runs from the grant, not the date of death. The Court can extend the limit in limited circumstances under sections 118(2) to 118(5), but never after final distribution, so act well before the deadline.

How much does probate cost in South Australia?

For FY2026-27, the Supreme Court's filing fee is tiered by gross estate value: $1,020 up to $200,000, $2,038 over $200,000 up to $500,000, $2,715 over $500,000 up to $1 million, and $4,075 over $1 million. Fees change each financial year, so confirm the current figure with the Probate Registry before filing.

What happens if you die without a will in South Australia?

The Succession Act 2023's intestacy rules apply. A surviving spouse or domestic partner receives a statutory legacy first, set at a confirmed floor of $120,000 under section 105(2), with the remainder divided among the spouse, domestic partner, children and other relatives. A later Gazette notice may have raised the legacy above $120,000; confirm the current figure with a legal practitioner or the Probate Registry.

What is an Enduring Power of Attorney in South Australia?

An instrument made under the Powers of Attorney and Agency Act 1984 (SA) letting a person appoint someone to make financial and legal decisions on their behalf, continuing after they lose capacity. It covers financial and legal matters only; health and personal decisions need a separate Advance Care Directive.

Can an informal or unsigned document be accepted as a will in South Australia?

In limited circumstances, yes. Sections 11(2) and 11(3) of the Succession Act 2023 let the Supreme Court dispense with the usual execution formalities and admit an informal document to probate if satisfied, on the ordinary civil standard, that the deceased intended it as their will. This is not a substitute for properly executing a will.

Is there a simplified process for small estates in South Australia?

Section 73 of the Succession Act 2023 lets the Public Trustee administer a small estate worth up to $100,000 through a deemed grant process, without applying to the Supreme Court. This covers personal property only, not real property, and is specific to Public Trustee administration rather than a general lay-executor shortcut.