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.
