Probate Lawyers Adelaide
Guiding Families Through Probate Since 1970
We provide clear, practical advice to executors and beneficiaries in relation to Grants of Probate, Letters of Administration and estate disputes throughout South Australia.
Serving Adelaide Since 1970
50+ Years Experience
Free 15 Minute Phone Consult
Trusted Adelaide Lawyers
What We Do
Our Probate Services
We provide comprehensive probate and estate administration services throughout South Australia.
Grant of Probate
We assist executors with preparing and lodging applications for a Grant of Probate with the Supreme Court of South Australia, ensuring the process is handled accurately and efficiently.
Letters of Administration
Where there is no valid Will, we advise on and prepare applications for Letters of Administration and guide families through the distribution process under South Australian law.
Estate Administration
We provide practical advice to executors on their responsibilities, including asset identification, debt settlement and distribution of estate assets in accordance with the Will. Executors have legal duties and may be personally liable if estates are not administered correctly. We ensure compliance with all legal requirements under South Australian law.
Probate Disputes and Will Challenges
We advise beneficiaries and executors in relation to contested estates, family provision claims and other probate disputes, providing clear guidance on available options.
Reseal of Probate
Where a Grant of Probate has been issued interstate or overseas, we assist with reseal applications in South Australia.
If you require assistance with probate in Adelaide or elsewhere in South Australia, our experienced solicitors are available to provide clear and practical advice.
Request a Callback from a Probate Lawyer
No obligation. Confidential. Adelaide based.
Why Choose Us
Expert Probate Solicitors in Adelaide
Clear guidance through the probate process
Applying for probate can be complex. Our Adelaide solicitors provide practical advice from preparing the application through to administering and distributing the estate.
Experience with the Supreme Court of South Australia
Probate applications must be lodged with the Supreme Court. With over 50 years of experience, we ensure documentation is prepared correctly and court requirements are met efficiently.
Support for executors and beneficiaries
Executors have important legal responsibilities. We provide clear guidance to ensure estates are managed and distributed in accordance with the Will, and advise beneficiaries where disputes arise.
Our Fees Are Competitive with Other Firms in South Australia
If you require assistance with probate, estate administration or will disputes, our experienced solicitors are available to provide clear and practical advice. Schedule your free 15-minute telephone consultation, with no obligation, today.
Meet Your Legal Team
The Lawyers Who Handle Your Matter
Nick McCabe - Barrister and Solicitor
- Admitted February 2000 · 25+ years legal experience
- Supreme Court, District Court and Magistrates Court of South Australia
- Family Law · Binding Financial Agreements · Dispute Resolution
- Law Society of South Australia · Gold Alliance Firm
Patrick Trainor - Solicitor
- Admitted 2014 · 10+ years' experience
- LLB & GDLP, University of Adelaide
- Probate · Wills & Estates · Dispute Resolution · Property Law
- Law Society of South Australia · Gold Alliance Firm
Your Guide to Understanding Probate in South Australia
What is probate?
Probate is the process of proving and registering a deceased person’s Will with the Supreme Court of South Australia. This court-granted document gives the executor the authority to manage and distribute the deceased’s estate according to their wishes.
What does a probate lawyer do?
A probate lawyer is a solicitor who manages the legal process of administering a deceased estate on the executor’s behalf, from applying for the Grant of Probate through to distributing the estate. In South Australia this typically includes:
- Advising whether probate is required in the circumstances.
- Identifying and valuing the deceased’s assets and liabilities.
- Preparing and filing the probate application with the Supreme Court of South Australia.
- Responding to any queries or requisitions raised by the court.
- Assisting the executor to distribute the estate correctly and in line with their legal duties.
Engaging a probate lawyer helps ensure the estate is administered correctly, reduces the risk of costly errors, and relieves the executor of a significant administrative burden during a difficult time.
When is probate necessary?
You may need to apply for probate if the deceased:
- Owned property solely in their name.
- Had significant bank accounts or accommodation bonds.
- Held shares, investments, or superannuation balances payable to their estate.
What is the probate process in South Australia?
We will obtain all details in relation to the assets and liabilities of the deceased. The relevant documents together with the original Will is filed with the Supreme Court of South Australia. Probate is generally granted within 6 to 8 weeks if there are no queries.
How much does probate cost in South Australia?
In South Australia, probate costs include:
- Filing fees with the Supreme Court, calculated based on the estate’s value (currently ranging from approximately $987 to $3,945) – see www.courts.sa.gov.au/rules-forms-fees/fees/probate-fees/.
- Professional legal fees, which we offer at competitive and transparent rates.
Please contact us for our fixed fee pricing (conditions apply).
Do all estates require probate in South Australia?
Not all estates require probate.
Whether a Grant of Probate is necessary depends on the nature and value of the deceased’s assets and the requirements of financial institutions or asset holders. Banks, share registries and property transfers often require probate before releasing or transferring assets.
We can advise whether probate is required in your specific circumstances.
How long will it take to get probate in South Australia?
In South Australia, it typically takes around 6–8 weeks to obtain a Grant of Probate after submitting the application, provided there are no delays or requisitions from the court.
What happens if there is no Will?
If the deceased left no Will, their estate will be distributed according to the Succession Act 2023. In such cases, we assist in applying for Letters of Administration and in understanding and following the laws for distributing estates without a Will.
Can a Will be contested?
Yes, Wills can be contested on grounds such as:
- Lack of testamentary capacity.
- Undue influence or fraud.
- Inadequate provision for dependents under the Succession Act 2023 (SA).
What are the executor’s responsibilities?
An executor is responsible for:
- Collecting and managing the deceased’s assets.
- Paying off liabilities.
- Distributing assets as per the Will.
Executors must act in good faith and comply with legal and fiduciary duties.