Executor Checklist South Australia: CourtSA Steps and Time Limits

South Australia has rewritten its succession law, so older guides may cite Acts that no longer apply. This executor checklist South Australia guide uses the current framework: the Succession Act 2023 (SA), chapter 25 of the Uniform Civil Rules 2020 and online lodgement through CourtSA. It covers the role, the routes with and without a grant, the time limits and the usual order of the work.

The executor in South Australia

An executor is named in the will. An administrator is appointed when there is no will, or the executor cannot or will not act. Both are legal personal representatives. The grant comes from the Probate Registry of the Supreme Court of South Australia as probate, letters of administration with the will annexed, or letters of administration.

From 1 January 2025 the Succession Act 2023 replaced the Administration and Probate Act 1919, the Inheritance (Family Provision) Act 1972 and the Wills Act 1936. It also sets a clear duty: preserve, protect and administer the estate diligently, and never dispose of an asset that was not disclosed to the court (s 71(7)).

Routes with and without a grant

There is no general dollar threshold for skipping probate, but the Succession Act adds two routes for smaller estates:

• Informal administration: banks and insurers may release small amounts if there are no complications, and jointly held assets may transfer on a death certificate. Land Services SA will not transfer real estate held solely or as tenants in common without a grant.
• Payment to close family (up to $15,000): a bank or other holder may choose to pay up to $15,000 in cash or property to a surviving spouse, domestic partner or child without a grant (Succession Act 2023 s 100).
• Public Trustee deemed grant: for estates valued at $100,000 or less with no real property, the Public Trustee may administer without a court grant (s 73).
• Probate, or letters of administration with or without the will: lodged through CourtSA. Other named executors who do not apply must be accounted for.
• Registration or reseal: for a grant made in another state or country.

South Australian time limits

The court can extend the family provision period only while the estate is not completely administered. Eligible people include spouses, domestic partners, children and some step-children.

Executor checklist South Australia: step by step

1. Find the original will and keep it intact. Do not remove staples or clips. The will is marked before an authorised person, with a certificate of identity completed at the same time.
2. Tell the ATO, Services Australia and each super fund. Super is not automatically part of the estate.
3. Check with each bank and insurer whether a grant is needed.
4. List all assets and liabilities as at the date of death. Every applicant must disclose them (s 71). Liabilities do not include probate filing fees or funeral costs.
5. Create a CourtSA account and choose personal applicant if you have no lawyer. Have 100 points of identification and a credit card ready.
6. Prepare and lodge the documents: the original will and codicils, death certificate, statement of assets and liabilities and, for administration, a signed administrator's oath. Renunciation forms such as PROB16 or PROB17 clear off other executors.
7. Collect assets with the grant, or a Registrar's certificate where an institution asks for one.
8. Pay debts in order: funeral expenses, then testamentary expenses, then statutory obligations such as tax, then other debts.
9. Wait out the family provision period, then distribute under the will or the intestacy rules.

Before distributing, section 29 of the Trustee Act 1936 lets you give notices asking claimants to come forward. The Act fixes no number of days, so the Supreme Court can be asked to direct what notices are proper.

Tax, fees and when to get help

There is no state death duty and no Australian inheritance tax. The date of death tax return, or a non-lodgment advice, still needs lodging, and income earned by the estate after death may need a trust return. Provide for tax before distributing, or you may be personally liable. CGT generally does not apply on transfer to a beneficiary, though it may when the asset is later sold. The probate lodgement fee is set in the court's fee schedule, with extra fees for some later lodgements, such as disclosing assets after the grant.

A lawyer is not legally required, but registry staff cannot give legal advice. The court strongly recommends that personal applicants read rule 351.8 on identifying and marking the will. Advice is sensible for disputes, probate caveats, family provision claims or an estate that may not cover its debts.

The Steady Executor South Australia kit has five files. The user guide sets out the process, deadlines and steps with links to official sources. The executor workbook works out legal deadlines from your dates and tracks assets, debts, the estate account and distributions. The financial letters, services and agencies letters, and beneficiary letters give templates for banks, super funds, utilities, government bodies and beneficiaries, including a receipt form.

Sources

• Courts SA: Applying for a grant of probate or administration
• Courts SA: Grants frequently asked questions
• Courts SA: Probate rule, form and procedure changes
• Courts SA: Probate fees
• Succession Act 2023 (SA)
• Law Handbook SA: Estates
• ATO: Deceased estates