PROBATE & DECEASED ESTATES
FAQ
Frequently Asked Questions About Probate.
These are general answers to some of the most frequently asked questions we get asked in relation to deceased estates and obtaining probate in South Australia.
What is a grant of probate?
A grant of probate is issued by the Supreme Court of South Australia and it provides the right for the executor listed in the deceased’s Will to administer the estate in accordance with the terms of the Will.
Do all Wills require probate?
How do you avoid needing to obtain a grant of probate?
What happens if I die without a valid Will?
What will happen to my superannuation after I die?
What information do I need to provide my lawyer with when applying for a grant of probate or letters of administration?
What tasks are involved in the administration of a deceased estate?
What types of assets are subject to probate?
At CPC Lawyers, our solicitors will carefully examine the assets and liabilities of the deceased’s estate to determine whether a grant of probate is required. We will ask questions such as whether the deceased owned real estate in their sole name or as a tenant in common, what the date of death balances of any bank accounts of the deceased were, and what the date of death values of any shares held by the deceased was.
What does the Probate Registry do in South Australia?
All grants of probate or letters of administration applications are lodged with the Probate Registry, which also deals with other estate administration matters. All applications made to the Probate Registry must follow the strict rules as set out in the Supreme Court of South Australia Probate Rules 2015.
How long does probate take South Australia?
The death of a loved one is a very difficult time and it is important to finalise the deceased’s estate matters quickly so that those who are close to the deceased can obtain closure.