Reseal an interstate Grant of Probate in South Australia

You have obtained a Grant of Probate (or Letters of Administration) in another Australian state or territory.  Where an estate includes assets located in South Australia (for example, real property, or bank accounts) you may find that those assets cannot be administered until the interstate Grant is resealed by the Supreme Court of South Australia.  In South Australia, this is done by registration of the interstate grant. 

Under South Australian procedural rules, only a lawyer with a South Australian practising certificate can lodge an application to register the interstate grant.  

For practitioners managing an otherwise straightforward estate, this creates an unavoidable procedural step outside their own jurisdiction that requires a South Australian-based agent.  

 

How can ADLV Law assist?

Our Adelaide office has a dedicated estates team. We act as agent for interstate law firms, managing the registration of an interstate Grant with the South Australian Supreme Court on their instructions. 

Our role is limited and clearly defined: we handle the South Australian lodgement and associated procedural requirements. You retain full carriage of the client relationship and the broader administration of the estate. 

Why instruct us? 

  • Fixed fees, agreed in advance 
  • Experienced in dealing with the South Australian Supreme Court and the registration of an interstate grant requirements.  We know the common issues that result in requisitions and work with you to avoid these. 
  • You maintain the relationship with your client. We do not engage with them, unless instructed to by you 
  • We work efficiently to prepare the application and provide status updates to you 

 

What we handle for referring firms

We accept referrals from law firms in any Australian state or territory. Our process is straightforward: you send us the grant and estate details, we prepare the application, lodge it, and return the sealed SA Grant to your firm.

 

Step 1

Instruct us

Provide us with the interstate Grant, death certificate, and a summary of the assets in South Australia. We will confirm the scope of our work and provide you with the details about costs and timelines.  

Step 2

We prepare the application

We prepare the application for Registration on your instructions We will send the draft application for you to review with your client before lodging the application. 

Step 3

We lodge and manage

We lodge the application with the South Australian Supreme Court and keep you updated throughout You do not need to manage any communication with the South Australian courts. 

Step 4

We deliver the sealed Grant

Once the South Australian Supreme Court registers the interstate 
Grant, we will provide you with copies of the registration documents. You can then proceed with administering the South Australian assets on behalf of your client.
 

Frequently asked questions: registering an interstate Grant of Probate in SA

 

Does a solicitor need to be in South Australia to apply for registration of an interstate Grant in South Australia? 

Yes. South Australian court procedure requires the solicitor on record for a registration application to hold a South Australian practising certificate.  You will not be able to lodge the application for registration regardless of its size or the state in which the original Grant was made if you do not have a South Australian practising certificate. 

 

What documents do you need to provide to register an interstate Grant in South Australia? 

To prepare the application for Registration, we typically need: the original paper Grant (or a duly authenticated copy of the Grant, or  a certified copy of the electronic grant), the original or certified death certificate, a description of the South Australian assets (property address, institution names, account details), and confirmation of the executor’s identity. We will confirm the complete requirements when you contact us, in some cases additional material is needed depending on the nature of the South Australian assets.  If you provide the original Grant for registration, it will be returned following registration. 

 

How long does it take to register an interstate Grant in South Australia? 

Preparation of the application documents is generally quick once we have the required information, typically within a week.  Court processing times can vary an adds to the overall timeline.  We will give you a realistic estimate of end-to-end timeframes when you refer the matter, and we will keep you updated throughout. 

 

Can ADLV Law act as agent for firms in any Australian state or territory? 

Yes. We accept referrals from law firms in Victoria, New South Wales, Queensland, Western Australia, Tasmania, the Northern Territory, and the ACT. The engagement is directly between ADLV Law and you.  Your client’s relationship with your firm is not affected.  

Refer a registration of an interstate grant in South Australia matter today

Call us to discuss the matter, or contact us by email with the details about the Grant and we will promptly get back to you 

Read our insights on probate and estate administration...

The clock is ticking: why your estate plan could be undermined by forgotten loans 

If you’ve loaned money to a child, a family trust, or to entities within your personal investment or business structure, you might assume those debts will be honoured, or at least recognised, when you pass away. However, unless steps are taken to formally record...

Worried about legal costs for challenging a Will? A guide for claimants in South Australia

If you’ve been left out of a Will or believe the provision made for you is inadequate, you may be wondering whether you can apply for a greater share of the estate.  You may also be worried about what it could cost you to make a claim.  Under South Australia’s...

Rising probate costs: how court fees and legal costs impact estates 

Probate filing fees now reach over $17,500 in some states, with rising legal costs adding pressure on executors. Here’s what families and family businesses need to know.   The cost of probate is rising  When someone passes away, dealing with their estate involves...

Step-children and family provision claims: what step-parents in SA need to know

Blended family dynamics can be complicated, especially when it comes to estate planning. If you're a step-parent preparing your estate plan, you may feel uneasy about recent changes in South Australian succession law, particularly the expanded rights of step-children...

The $5.4 trillion wealth transfer: what families need to know about probate in Australia 

The great wealth transfer has arrived  Australia is entering one of the largest intergenerational wealth transfers in history. Over the next 20 years, an estimated $5.4 trillion in property, business assets, superannuation and investments will pass from one generation...

Digital assets, cryptocurrency, and probate: don’t let your wealth disappear

Digital assets such as cryptocurrency and online accounts are easily lost after death without planning. Here’s what families and family businesses need to know about probate in the digital age. 

What happens when co-executors can’t agree? Lessons for will-makers and executors 

Appointing two executors might sound like a sensible way to share responsibility, indeed, it is something we often recommend. But what if those executors can’t agree, or worse, one refuses to act? The Supreme Court of New South Wales case Wise v Barry; The Estate of...

Probate delays: why it takes so long to finalise an estate

Probate can take months, sometimes years, to complete. Here’s why delays happen and how families and family businesses can prepare.

Can I sell property of a deceased estate before probate is granted?

You may be acting as the executor of a deceased estate or are otherwise involved as a beneficiary. Amongst the assets of the estate is real property and someone has told you: “Now’s the perfect time to sell!”  But there’s a problem. Probate hasn’t been granted yet, and you’re not sure what you can and can’t do. 

Who pays when someone challenges a Will? A guide for Will-makers and executors in South Australia

If you’ve made a Will or you’re responsible for administering someone else’s estate, you might be concerned about the possibility of a challenge. Will a disgruntled family member make a claim? Could it result in lengthy court proceedings or large legal bills?

Paying debts and liabilities: a guide for executors in South Australia 

Get insights into estate administration, including legal obligations for executors in managing debts after someone passes away.

What legal issues do you need to look out for in 2025?

With the coming of a new year come new ideas, plans and goals. Sometimes these may come about because of a change in circumstances and needs. In other cases, these may be a necessary undertaking due to a change in law, regulation or requirements. Here are some legal issues that we think will be hot issues in 2025 and our tips to help you navigate them. 

Navigating the future: key changes in South Australia’s Succession Act 2023

Does your Will need an update following the changes to the Succession Act 2023 (South Australia) commenced operation in South Australia on 1 January 2025?

Solution brief: Guide to probate in South Australia

The who, what, why and when to probate in South Australia.

Booklet: What to do when someone dies (Chapter 5 – Further information)

Below is Chapter 5 of our 'What to do when someone dies' booklet. To read the other chapters of our booklet, click the links below: Chapter 1 - What to do within hours Chapter 2 - What to do within days Chapter 3 - What to do within weeks Chapter 4 - What to do within...