Estate Administration
For over 42 years, Grope Hamilton Lawyers has provided clear, reliable legal support to executors, administrators and families navigating both testate and intestate estates in South Australia.
We assist with applying for Grants of Probate or Letters of Administration, offer practical legal advice on fulfilling your duties, and help you understand the legal steps required to identify assets, manage liabilities, and distribute the estate.
Understanding Estate Administration
What is Estate Administration?
Having a will does not mean that everything is automatically taken care of when someone passes away. Even if a will exists and names an executor, that person does not have immediate authority to access bank accounts, sell property, or distribute assets. In South Australia, before any estate can be lawfully administered, a formal legal process must be followed.
What does the process involve?
This process is known as estate administration. It involves identifying the deceased’s assets and liabilities, settling any outstanding debts and taxes, and distributing what remains to beneficiaries. Depending on the circumstances, it may require applying to the Supreme Court for a Grant of Probate (if there is a valid will) or Letters of Administration (if there is no will or no eligible executor).
Why can this process be complex?
While this process may sound straightforward, in practice it can be complex. Depending on the complexity of the estate, the number of beneficiaries involved, or the clarity of the will, the process can take months and often involves substantial paperwork, legal documentation, and communication with the Court and asset holders. Executors and administrators must navigate legal obligations, manage financial matters, meet Court requirements, and act in accordance with strict timeframes. This is where professional legal support becomes essential.
How we can help
At Grope Hamilton Lawyers, we assist clients through every stage of estate administration from determining whether a grant is needed, to preparing and lodging Court documents, responding to requests from banks or institutions, and ensuring assets are distributed properly and lawfully. Whether you’re an executor named in a will or a family member needing to apply for administration, our experienced wills and estates team can guide you manage the process with clarity and confidence.
Estate Administration Process in South Australia
Event Overview
When an individual passes away, their death must be formally registered, and a death certificate obtained. It is essential to locate and secure the deceased’s original will (if any) and promptly safeguard their assets.
Key Considerations
- registration of death and obtaining the official death certificate
- custody and protection of the original will
- immediate safeguarding of bank accounts, real property, and personal possessions
Lawyer’s Role
In the early stages following a person’s death, we guide families through the practical steps of preparing for estate administration. Once the death certificate becomes available, we clarify what documents should be brought to your initial appointment, explain how to confirm the validity of a will, and outline how key assets should be safeguarded. In some circumstances, if the whereabouts of the original will are unknown, we may assist by contacting law firms or institutions that might be holding estate documents. Our role is to provide early, clear legal guidance to help you navigate this process with confidence.
Event Overview
It is critical to ascertain whether a valid will exists. This involves confirming the will was correctly executed (properly signed and witnessed) and remains legally enforceable.
Key Considerations
- reviewing whether the will appears to comply with legal formalities
- identifying any concerns raised about testamentary capacity or undue influence
- verifying multiple versions of the will and any revocations
- determining executor availability and willingness to act
Lawyer’s Role
We assist in reviewing the will to ensure it meets the formal legal requirements for validity. If questions are raised about whether the deceased had testamentary capacity or was subject to undue influence, we can help investigate the circumstances and provide legal advice on the potential implications. Where our firm prepared or witnessed the execution of the will, we may also be able to provide factual insights into the deceased’s presentation and understanding at that time. This step helps determine whether the will can be relied upon as a legally valid instrument for administering the estate.
Event Overview
Not every estate in South Australia requires a formal Grant of Probate or Letters of Administration. Whether a grant is needed depends on the asset mix, value, and third‑party requirements (banks, Land Services SA, share registries, superannuation funds).
Key Considerations
- real estate ownership structure (sole owner, tenant in common, joint tenants)
- specific institutional requirements for asset release
- feasibility and risks of informal estate administration
Lawyer’s Role
We conduct a detailed review of your assets, liaise directly with relevant institutions to confirm their requirements, and advise on whether to apply for a formal grant. If informal administration is viable, we outline the process and potential liabilities.
Event Overview
A valid will exists and the named executor is willing and able to apply for a Grant of Probate to administer the estate.
Lawyer’s Role
We facilitate the probate application: preparing and reviewing necessary documents, lodging the application with the court, and advising on executor duties and estate management.
Event Overview
No valid will exists; eligible family members must apply for Letters of Administration under the Administration and Probate Act 1919 (SA).
Lawyer’s Role
We guide eligible administrators through the Letters of Administration process: assisting with application preparation, lodgement, and advising on statutory requirements and legal risks.
Event Overview
A valid will exists but the executor is unwilling, incapable, or deceased, requiring a Letter of Administration with the Will Annexed.
Lawyer’s Role
We assist with applying for a Letter of Administration with the Will Annexed, advise on executor substitution, and provide options such as drafting a new will if needed.
Event Overview
Once it is determined that a formal grant is required, comprehensive court documents must be meticulously prepared and lodged with the Supreme Court of South Australia.
Key Considerations
- accurate preparation of the relevant application
- drafting and lodging affidavits of executors or administrators
- inventory and valuation of the estate's assets and liabilities
- ensuring correct statutory notices to beneficiaries and other relevant parties
Lawyer’s Role
We draft, review, and ensure accuracy in all court documentation, manage the preparation of affidavits, coordinate signatures and lodgement, and address any queries from the Probate Registry during the application process.
Event Overview
Upon receiving the grant, the executor or administrator can lawfully administer the estate by collecting assets, paying debts and taxes, and preparing comprehensive estate accounts.
Key Considerations
- identification, valuation, and protection of estate assets
- timely settlement of debts, tax obligations, and administrative expenses
- compliance with relevant laws and statutory deadlines
- for intestate estates, meeting reporting obligations to the Public Trustee
Lawyer’s Role
Our lawyers assist the executor or administrator in managing asset realisation, addressing and negotiating creditor claims, facilitating tax compliance and reporting, and ensuring accurate and compliant estate account records. In intestate matters, we also guide administrators on meeting any reporting obligations to the Public Trustee, ensuring proper oversight and compliance.
Event Overview
The final step involves distributing the residuary estate to beneficiaries in accordance with the will or the law (if intestate), obtaining final approvals for accounts, and formally concluding the administration.
Key Considerations
- accurate calculation and distribution of beneficiary entitlements
- ensuring all tax and legal obligations are satisfied
- securing signed releases from beneficiaries
- final record keeping for potential future reference or disputes
Lawyer’s Role
Our firm prepares the final distribution statements, supervises asset transfers, drafts formal beneficiary releases and indemnities, and ensures complete, professional and accurate record-keeping upon finalisation.
Frequently Asked Questions
The way real estate is legally owned determines what happens to it after one of the owners passes away and whether it becomes part of their estate. In South Australia, ownership typically falls under one of the following structures:
- Sole Ownership
A property owned solely by the deceased will form part of their estate. This means it cannot be dealt with until the legal personal representative (usually the executor or administrator) obtains a Grant of Probate or Letters of Administration. The property will then be distributed according to the terms of the will or the laws of intestacy if there is no valid will. - Joint Tenancy
Under joint tenancy, each owner holds an equal interest in the entire property. When one joint tenant dies, their share does not form part of their estate. Instead, it automatically passes to the surviving joint tenant under the right of survivorship. This transfer does not require a court grant such as Probate or Letters of Administration. However, an Application to Register Death must be lodged with Land Services SA, along with a certified copy of the death certificate to formally update the property title. - Tenants in Common
When property is owned as tenants in common, each owner has a defined share, which may be equal or unequal. If one owner dies, their share does form part of their estate and must be administered by their executor or administrator. A Grant of Probate or Letters of Administration is required before any dealings can be made with their interest in the property.
Understanding the ownership structure is essential because it directly impacts:
- Whether the asset is part of the deceased’s estate
- What legal steps must be taken to transfer or sell the property
- Whether a court grant is required
- The timeline for administration and potential tax consequences
If you’re unsure how the property is held or what it means for the administration of an estate, our experienced team can provide tailored legal advice. Contact us today on (08) 8231 0088; we’ll help you identify the appropriate pathway and ensure all steps are handled correctly and efficiently.
In South Australia, not every estate requires a Grant of Probate or Letters of Administration, particularly if the estate is relatively small and straightforward. From 1 January 2025, the Succession Act 2023 (SA) clarifies that estates valued at $100,000 or less (excluding real property) may qualify for simplified administration without applying to the Supreme Court, allowing families quicker access to funds and assets.
Financial institutions set their own policies. Some banks may release up to $50,000 or $100,000 without a formal grant, but typically require supporting documents such as a death certificate and a signed indemnity form to protect against future disputes. These thresholds and requirements differ between institutions and are subject to change.
Certain types of assets, such as motor vehicles, personal belongings, or jointly held bank accounts, may also be transferred without a grant, depending on how the asset is owned and documented. For example, bank accounts held in joint names are not part of the deceased’s estate and usually pass directly to the surviving account holder under the right of survivorship.
Understanding whether an estate qualifies for informal administration is crucial, as it affects what steps must be taken, how long the process will take, and the likely legal costs involved. Even seemingly small estates can present complications, such as identifying asset ownership, locating the original will, or addressing disputes between potential beneficiaries.
At Grope Hamilton Lawyers, our experienced team can assist in determining whether a formal grant is necessary in your specific situation. We offer practical legal guidance, assist in liaising with banks and institutions, and support clients throughout the administration process to ensure everything proceeds correctly and efficiently.
Being appointed as an estate administrator in South Australia is a significant responsibility that involves complex, time-consuming, and often challenging legal obligations. An administrator is required when someone passes away without a valid will, placing the burden of managing and finalising the estate directly on their closest family member or another appropriate individual. Once formally appointed by the Supreme Court, an administrator must identify and secure all estate assets, settle any outstanding debts and tax obligations, carefully interpret and apply intestacy laws, and distribute the remaining estate to eligible beneficiaries.
Many people underestimate the demanding nature of this role. Without proper guidance, administrators risk personal liability and may unintentionally breach their legal duties resulting in costly and stressful disputes. At Grope Hamilton Lawyers, we provide practical, clear and comprehensive legal support to administrators throughout every stage of the process. Our experienced lawyers help you understand exactly what's required, how to manage risks effectively, and ensure compliance with all legal obligations. By working closely with you, we make sure estate administration proceeds smoothly, accurately and with minimal stress. If you have been asked to administer an estate, obtaining early professional advice can save significant time, cost and emotional strain, ensuring the role is carried out efficiently and correctly from the very beginning.
When someone passes away without leaving a valid will (intestate), South Australian law sets out a strict statutory order under the intestacy rules to determine who may apply for Letters of Administration. The priority is as follows:
- Spouse or de facto partner
- Children
- Grandchildren or great-grandchildren
- Parents
- Siblings
- Grandparents
- Uncles and aunts
Only individuals in this exact order may apply to administer an intestate estate. Disputes or uncertainty about priority can complicate and delay the process.
At Grope Hamilton Lawyers, we clarify your position under the statutory order, advise on your eligibility and responsibilities, and guide you through the Supreme Court application. Whether you need help confirming your entitlement or resolving family disagreements, our experienced team provides the clear and practical legal guidance you need.
Yes. Timing can significantly affect both the legal process and financial outcomes when managing a deceased estate.
In South Australia, a Grant of Probate or Letters of Administration cannot be issued until at least 28 days after the date of death. This mandatory waiting period allows time for statutory notices and procedural checks. It is often wise to use this period to start preparing the necessary documents.
Another key timeframe relates to capital gains tax (CGT). If a beneficiary chooses to sell an inherited property, they may be eligible for a CGT exemption if the sale occurs within two years of the deceased’s death. This exemption can provide substantial tax savings, but it only applies in certain situations, for example, if the property was the deceased’s main residence and was not used to produce income.
If you’re also considering selling an inherited property, it's important to get timely legal and financial advice. At Grope Hamilton Lawyers, we guide clients through each step of estate administration, helping them understand the legal implications and timelines. We also offer in-house conveyancing services, making it easier to manage property sales arising from deceased estates.