Can I Apply for Probate Myself in South Australia?

When a loved one passes away, the executor of their will is often faced with the question: Can I apply for probate myself in South Australia and why should I get a lawyer to do it instead? While it is possible to apply for probate without legal assistance, there are significant reasons to consider engaging a probate lawyer, especially in complex or high-value estates.

Can I Apply for Probate Myself in South Australia?

Yes, as the executor named in a will, you are entitled to apply for probate yourself in South Australia. This is known as a self-represented or DIY probate application. The process involves submitting the required documents to the Supreme Court of South Australia and following a series of legal steps to obtain the grant of probate.

The DIY Probate Process

• Locate the original will and death certificate

• Value the estate and prepare an inventory of assets and liabilities

• Complete and lodge the probate application forms with the Supreme Court

• Pay the relevant filing fees

• Respond to any court queries or requests for further information

• Receive the grant of probate and begin administering the estate

  
  

For straightforward estates, this process may be manageable for some executors, though does take a considerable amount of time, particuarly when you have never done it before. Whether it is worth doing it yourself is questionable, given that the filing fee is exaclty the same whether a lawyer is involved or not, and the estate pays any legal fees.

It is also important to be aware of the potential challenges and risks.

Risks and Challenges of DIY Probate

While applying for probate yourself can save on some legal fees, it is not without risks. Common challenges include:

• Mistakes in forms or documentation: Errors can result in delays, additional costs, or even rejection of your application.

• Complex estates: Estates involving multiple assets, trusts, foreign property, or business interests can be difficult to manage without legal expertise.

• Disputes among beneficiaries: Family disagreements or contested wills can quickly escalate and require legal intervention.

• Personal liability: Executors can be personally liable for errors in estate administration, including incorrect distributions or failure to pay debts.

• Navigating legal terminology and court requirements: The probate process involves strict legal procedures and deadlines.

  
  

Why Should I Get a Lawyer to Handle Probate?

Engaging a probate lawyer offers several advantages, particularly for executors who are unfamiliar with the process or dealing with complex estates.

Benefits of Using a Probate Lawyer

• Expertise in legal requirements and court processes

• Minimising the risk of costly mistakes or delays

• Efficient handling of complex or contested estates

• Managing communication with beneficiaries and creditors

• Ensuring compliance with executor duties and legal obligations

• Peace of mind and reduced stress for executors and families

• Potential to expedite the process and avoid unnecessary delays

A probate lawyer can also provide tailored advice on tax implications, asset distribution, and resolving disputes, ensuring the estate is administered in accordance with the law.

Cost Comparison: DIY Probate vs. Engaging a Lawyer

• DIY probate: You will pay the Supreme Court filing fees and any costs for obtaining documents or publishing notices. However, mistakes can lead to additional court fees or the need for legal assistance later.

  
  

• Probate lawyer: Legal fees vary depending on the complexity of the estate, but engaging a lawyer can help avoid hidden costs and provide value through professional guidance and risk management. At Craig McKay Legal, we provide a fixed fee service for probate, together with a Free Probate Assessment. You can book a complimentary no-obligation telephone probate assessment  to see whether you need to apply for probate, and what the likely costs are.

  
  

When Is Legal Advice Essential?

You should strongly consider engaging a probate lawyer if:

• You are busy, or unable to give it the attention it deserves

• There is the potential for family disagreement

• The will is unclear, disputed, or missing

• The estate is insolvent (debts exceed assets)

• There are complex family or asset structures

• The estate includes international assets or beneficiaries

• There are tax implications or significant debts

  
  

Frequently Asked Questions

Can I apply for probate online in South Australia?

Yes, you can lodge your application online via CourtSA.

How long does probate take in South Australia?

Straightforward applications are usually processed within 4–8 weeks, but complex cases may take longer.

What happens if I make a mistake in my probate application?

The Court may request further information or reject your application, causing delays and potential additional costs.

How much does a probate lawyer cost in South Australia?

Legal fees vary depending on the complexity of the estate. We offer a  complimentary no-obligation telephone probate assessment  to see whether you need to apply for probate, and what the likely costs are.

Is it worth getting a solicitor for probate?

Our experience has shown us that alomst without exception executors are glad they chose to have probate prepared and applying for by a lawyer, saving them considerable time, delays and stress.

Contact Our Adelaide Probate Lawyers

Applying for probate yourself in South Australia is possible, but the process can be daunting and mistakes can be costly. Our experienced Adelaide probate lawyers can guide you through every step, ensuring the estate is administered efficiently and in accordance with the law. Contact us today for aa  complimentary no-obligation telephone probate assessment.

This article is for general information only and is not a substitute for legal advice. For advice specific to your situation, please contact our office.