What are Letters of Administration?

Letters of Administration cannot be granted earlier than 28 days before the death of the deceased. Typically, a grant may take up to five (5) weeks depending on how busy the Probate Registry is. This may take longer if further affidavits are required.

The administrator of an intestate estate holds the estate on trust for the persons entitled to share in the estate from the time of death pursuant to section 72c(1) of the Act.

This is important to consider because the administrator can only issue proceedings on behalf of the estate after the grant has been made.

If anything unfortunate happens to the administrator, such as loss of mental capacity or death, a different person will have to apply to the Supreme Court. Once you a grant of Letters of Administration is obtained, you may use it to make the necessary applications and prepare the assets to pay debts and distribute the assets or moneys among beneficiaries.

As of 26 November 2018, there have been significant procedural changes to how Letters of Administration are applied for, processed and granted.  Applications for a grant of Letters of Administration are now processed online through the CourtsSA portal.

In summary:

• The Probate Registry will not accept paper lodgments;
• All Probate Registry lodgments must be made online using CourtSA;
• Lodgments must be made using CourtSA forms and, where identified, any additional necessary documents scanned and uploaded to the form or case;
• Information provided in lodgment applications is used by CourtSA to generate the case and court documents (at relevant times in the case);
• Payment of fees must be made by credit card;
• Paper grants and other court documents are not issued, an electronic grant is issued and available on the case;
• Communication between parties and the Probate Registry primarily occurs online through CourtSA and by email; and
• Executors are no longer be required to provide sworn evidence upon making an application. The online form requires the applicant or their solicitor to verify that the information is true and accurate.

Any person who knowingly and wilfully makes a false oath or declaration under the Act, or the rules, shall also be guilty of perjury pursuant to section 124 of the Act.

Obtaining a Grant of Probate involves filing an application with the Supreme Court of South Australia. You will be required to disclose all assets and liabilities of the deceased person as at the date of their passing and entering that into the application through CourtSA. The filing fee varies depending on the value of the deceased estate.

Once the application has been lodged, the Probate Registry will review and assess the application and original Will. If the Probate Registry takes no issue with the application, they will issue a formal document called a ‘Grant of Probate’. The original Will is then retained by the Court and once a Will has been admitted to probate, it is a public document that is available for inspection by the public.

Typically, the individual who stands to inherit the largest part of the deceased state needs to apply to be the official administrator. This is usually the deceased’s closest relative.

The individuals the court usually grants Letter of Administration to are:

• The husband or wife;
• One or more children or other next of kin if there are no children;
• A Trustee & Guardian, if there are no appropriate next of kin or if they are unwilling to apply for the grant; or
• Any other person the court thinks is fit.

A beneficiary will not receive any benefit until all liabilities are discharged. A beneficiary ranks behind a creditor is considered a “volunteer” in order of payment priority.

Executors and administrators have a duty to sell estate assets to satisfy any existing debts including real property under section 51 of the Act.

Funeral expenses are usually paid first and our lawyers will help you by contacting banks and other financial institutions to pay for funeral expenses.