Dramatic changes to Probate

By the end of 2018, the legal profession in South Australia will have experienced a dramatic change.

Probate is turning digital.

As of the 26th of November 2018, the Probate Registry will have completely transitioned to an online system for managing probate applications.

The new system is called CourtSA.

How will it be different from the current probate process?

Currently, all probate applications are in paper form. These applications must adhere to stringent and intricate rules relating to form and substance. Experienced practitioners can attest to the number of idiosyncrasies to be considered within a single probate application. Once a practitioner has successfully navigated the probate rules and forms, the application is mailed to the Registry. Provided that there were no issues with the application, the processing time can be in excess of six weeks.

The new system will utilise a “smart form’ instead of the paper application. The application process will be completed electronically, eliminating the need to mail the application to the Registry. Ultimately, this will reduce the period between completing the application and receiving the grant of probate.

Please note that the same level of expertise is required in the digital system. Probate applications are a highly technical area of law and require the expertise of a legal practitioner. Please contact our office for all probate enquires.

What are the proposed benefits to the new system?

The processing time, in comparison to the paper system, will be dramatically quicker.

Chief Justice Kourakis has recently endorsed the expected efficiency of the new system by saying;


            “By about March next year the processing time will be just within a few days”


Ultimately, we are excited for this substantial transition, as current applications can take at least 6 weeks to be processed.



Pillars of Power‘ by Michael Coghlan via flickr. CC BY-SA 2.0.