Guide to Letters of Administration in South Australia

Introduction to Letters of Administration

What is ‘Letters of Administration’?

A Grant of Letters of Administration is required where someone has passed away without leaving a Will. This is known as ‘dying intestate’.

Letters of Administration is the approval granted to the deceased’s closest living next of kin (the Administrator) by the Supreme Court, allowing the Administrator to administer the deceased’s estate in accordance with the laws of intestacy. The laws of intestacy in each State set out who can apply for a Grant of Letters of Administration, and who inherits the estate, where there is no Will.

If the deceased left a Will, then the correct application would be for a Grant of Probate, rather than Letters of Administration.

Who can apply for Letters of Administration?

In South Australia, an application for a Grant of Letters of Administration is generally made by the person (or persons) with the highest entitlement to the deceased's estate on intestacy. Under the Uniform Civil Rules 2020 (SA), the order of priority is broadly: the surviving spouse or domestic partner; then a child of the deceased (or the issue of a child who died before the deceased); then a parent; then a sibling (or their issue); then a grandparent; then an aunt or uncle (or their issue); and then any other person the Court may appoint. Each category must be exhausted before moving to the next.

Why do I need Letters of Administration?

In most cases, without a Grant of Letters of Administration, the deceased’s next of kin will be prevented from accessing and managing the assets of the estate (i.e. bank accounts, share accounts, property and other assets).

Occasionally, the deceased’s next of kin will not require Letters of Administration to access and distribute the estate’s assets, but a Grant is normally required. Letters of Administration may not be required in the following situations:

• All assets owned by the deceased were held as joint tenants (also known as joint proprietors)
• The estate has minimal assets (this depends on the organisation, and is usually considered on a case-by-case basis)
• If there is a Will (if this is the case, a Grant of Probate would be required)

What is my role as Administrator?

If you are the deceased’s next of kin and are applying for a Grant of Letters of Administration, you should be prepared to take on significant responsibilities in relation to dealing with the estate.

It is the Administrator’s responsibility to administer the estate. If there is more than one eligible next of kin, then all eligible next of kin should apply to be appointed as Administrators. If an eligible next of kin does not wish to apply, they will need to provide their written consent to the other eligible next of kin allowing them to apply without them.

As an Administrator, you will generally be required to:

• Organise and carry out funeral arrangements
• Obtain a death certificate
• Identify all eligible beneficiaries entitled to inherit pursuant to the laws of intestacy in South Australia
• Notify utility providers and financial institutions of the death
• Redirect post and contact financial institutions to put a halt on any direct debits
• Find and contact beneficiaries, and keep them updated on the estate administration process
• Contact financial institutions, service providers and government agencies to validate the deceased’s assets and liabilities
• Create an inventory of the estate including cash, real estate and securities, insurance policies, superannuation, outstanding work entitlements and any personal and household effects
• Keep records of any financial and administrative transactions incurred during the estate administration process
• Provide a distribution report to each beneficiary
• Gather important documents and fill out the paperwork to apply for a Grant of Letters of Administration with the Supreme Court
• Pay off any debts, taxes and other expenses incurred for burial or funeral arrangements
• Distribute the remainder of the estate to beneficiaries including paying legacies, establishing testamentary trusts, and bequeathing gifts or donations
• Prepare account and tax information for beneficiaries after Letters of Administration is granted

You can review a detailed list of tasks traditionally required of an executor by downloading our complimentary Executor Checklist.

Do I need a lawyer to apply for a grant?

There is no requirement that you use a lawyer to apply for Letters of Administration, and there are online resources that can help guide you through the process.

Most people, however, choose to use a lawyer because it is a technical legal process that can be complex, and if not done correctly could result in personal liability for the Administrator. Because of this, it is generally recommended to engage a lawyer for advice.

As part of preparing and lodging a Letters of Administration application, you will be required to swear or affirm an Affidavit and may require certified copies of documents. These are services that most lawyers offer as part of their Letters of Administration service and can help make the process of applying for Letters of Administration less complicated.

What if there is a Will?

If there is a Will, you may still need to apply to the Supreme Court for authority to deal with a deceased person’s assets. If you have located a Will made by the deceased, then you will be required to apply for a Grant of Probate, rather than a Grant of Letters of Administration.

Please visit our SA Guide to Probate to find out more about the process of applying for Probate.

Steps required for Letters of Administration

The process of obtaining Letters of Administration requires the deceased's closest eligible next of kin to make an application to the Supreme Court of South Australia. In South Australia, the application and supporting documents are lodged electronically through CourtSA. The Court will review the documents and, if all the information has been correctly prepared, the Court will make a Grant of Letters of Administration.

Locate important documents and information

As explained above, it is the Administrator’s role to obtain a death certificate, and contact financial institutions, service providers and government agencies to validate the deceased’s assets and liabilities.

These documents and important pieces of information will all be required for the Letters of Administration application. You should not lodge your application until you are in possession of the original death certificate.

As part of applying for Letters of Administration, you will be required to identify all eligible beneficiaries of the estate under the laws of intestacy in South Australia (the Succession Act 2023 (SA)). As part of this, you may require copies of death certificates for any beneficiaries who have predeceased the deceased, and/or birth certificates for any surviving children of such beneficiaries.

Do I need to advertise my intention to apply?

Unlike some other states, South Australia does not require you to publish a notice of intention to apply, or any newspaper or Gazette advertisement, before applying for a Grant of Letters of Administration. Advertising is only required if the Court specifically directs it, which is uncommon.

Identify assets and liabilities

As explained above, it is the Administrator’s responsibility to create an inventory of the estate including cash, real estate and securities, insurance policies, superannuation, outstanding work entitlements and any personal and household effects.

This information is required for the Letters of Administration application and can take some time to collate. In South Australia, the Affidavit of Assets and Liabilities (Form PROB46) must contain details of all assets the deceased held either solely, or as tenant in common.

Here are some examples of the details required for different types of assets you may come across:

• Real estate – Address, Certificate of Title Folio Identifiers, and value as at date of death
• Bank accounts – Bank name, branch, BSB, account number(s) and value as at date of death
• Shares – Name of company, name of share registry, number of shares held at date of death and value as at date of death

The Affidavit of Assets and Liabilities (Form PROB46) also requires you to list all liabilities held in the sole name of the deceased as at the date of death. You do not need to include jointly held liabilities (such as a home loan held jointly with a spouse or domestic partner). To prepare this, you must identify:

• The date each liability was incurred
• Name of the creditor (whether it be a person or company)
• The value of the liability as at the date of death

Estate expenses, such as funeral and burial costs, are not considered liabilities of the deceased as they were incurred after death. These do not need to be included in the Affidavit of Assets and Liabilities.

Court application

Required forms

The forms required for a standard Letters of Administration application in South Australia are lodged through CourtSA and generally include: an Originating Application – Probate (Form PROB1); an Oath of Administrator Without Will (Form PROB28) where the deceased left no Will, or an Oath of Administrator With Will Annexed (Form PROB27) where there is a Will but no proving executor; and an Affidavit of Assets and Liabilities (Form PROB46).

It is important that you take great care when preparing these documents, or when reviewing them if they are prepared by a lawyer.

In particular, you need to pay close attention to the Administrator's Oath and any supporting affidavits. When you swear or affirm these documents, you are attesting to the truth of their contents. As such, you must carefully review and approve each document before signing it. If you do not agree with something, you should contact your lawyer so it can be amended accordingly.

Signing appointment

Only an authorised witness can witness you sign your Affidavit. Authorised witnesses include:

• Lawyers
• Barristers
• Notary Publics
• Justices of the Peace

You should pay careful attention to the instructions provided to you for signing the Letters of Administration application. Most errors with Letters of Administration applications arise in the signing of the documents because people do not follow the instructions provided.

Estate Administration lawyers, such as the team at Safewill Legal, specialise in the preparation and signing of Letters of Administration applications. If you engage an Estate Administration lawyer, you can feel confident that your application has been prepared and signed properly and in accordance with the relevant legislation and rules.

Filing fee

You must pay the correct filing fee when you lodge the documents. The filing fee is calculated based on the value of the assets in the estate.

The scale of filing fees in South Australia (current as at 1 July 2026 — court fees are reviewed annually, and the same scale applies to grants of probate and administration) is as follows:

Your Letters of Administration application will not be processed until the filing fee is paid.

Lodgement

Once the documents have been signed, they are lodged electronically through CourtSA.

The original death certificate (and, where there is a Will, the original Will) is provided to the Probate Registry of the Supreme Court of South Australia as directed by CourtSA. Where there is a Will, note that South Australia has specific requirements for how it must be marked, so follow the directions provided carefully.

Time frame

The Supreme Court of South Australia indicates that a straightforward application lodged in the correct form should issue in under four (4) weeks. In practice, grants commonly take around four to eight (4–8) weeks, and more complex applications can take longer.

If there are any issues with the application, or if further information is required, the court will send you a requisition. A requisition is a request for further information or documentation. Most requisitions can be resolved in a straightforward manner.

Obtain the Grant

Once your application is approved by the court, you will obtain a formal Grant of Letters of Administration.

The Grant is issued as an electronic document bearing the seal of the Court and the signature of the Probate Registrar.

Administer the estate

When can you distribute the estate?

In South Australia, there is no requirement to publish a notice of intended distribution. Instead, the timing of distribution is governed by the family provision rules under the Succession Act 2023 (SA).

It is strongly recommended that you do not distribute any part of the estate until six (6) months have passed from the date of the Grant of Letters of Administration.

This is because an eligible person may apply to the Court for a family provision order within six (6) months after the grant (Succession Act 2023 (SA)).

By waiting until the family provision period has passed, you (in your capacity as Administrator) reduce the risk of becoming personally liable to creditors of the estate, or to eligible persons who bring a family provision claim of which you may not yet be aware.

If this step is not followed correctly, and an Administrator distributes the estate too early, they may be personally liable to satisfy any outstanding estate liabilities and debts.

Because South Australia does not use a notice of intended distribution, there is no second notice to publish.

There is no publication fee, because no notice of intended distribution is required in South Australia.

Open estate bank account

In most situations, an Administrator may need to set up a bank account in the name of the Estate to fulfil their duties. In order to set up an estate bank account, the bank will likely require certified copies of the Grant of Letters of Administration and death certificate.

As assets of the estate are redeemed and accounts closed, you should have the funds from these accounts paid into the newly established estate bank account. This will assist with record-keeping and helps ensure that no funds are misappropriated for personal use (either by mistake or intentionally).

Estate tax return

Depending on the assets of the estate, and how they are being dealt with in the administration of the estate, an estate tax return may be required.

It is recommended that you engage an Accountant to assess whether an estate tax return will be required, and if so, to prepare the relevant paperwork for lodgement with the Australian Tax Office.

Arrange payment of liabilities

The Administrator is responsible for arranging the payment of outstanding funeral and estate expenses, as well as any outstanding debts or liabilities of the deceased (including tax liabilities). These amounts can be paid from the estate bank account.

It is important to note that all liabilities and estate expenses must be paid before funds can be distributed to beneficiaries.

Distribute the estate

Once six (6) months have passed from the date of the grant, and all liabilities and estate expenses have been paid, you may arrange to distribute the residuary estate to the beneficiaries entitled under the laws of intestacy.

If there is an estate property to be transferred to a beneficiary (or beneficiaries), you will need to engage a property lawyer or conveyancer to complete the relevant transfer paperwork. Alternatively, it may be that you and/or the beneficiaries decide that the property should be sold. In this case, the proceeds of sale of the property would be distributed to the beneficiaries entitled to inherit pursuant to the laws of intestacy.

Depending on the assets of the estate, there may be a need to engage other professionals to assist you in dealing with and distributing the assets of the estate. If you are unsure of any aspect of administering the estate, it is best to obtain legal advice.

End of matter

Once Letters of Administration is granted, all liabilities of the estate have been paid, and all assets of the estate have been distributed, your role as Administrator will cease. However, it is important that you retain all documents and information relating to your administration of the estate somewhere safe in case they are ever required again.