Both a grant of Probate and a grant of Administration are documents provided to the person who has the legal right to deal with a deceased person’s assets, liabilties and legal responsibilities.

If the deceased person had a will (grant of Probate)

A grant of Probate must be applied for through the Supreme Court of South Australia, and it requires the original will of the deceased person to be provided to the Court (the original will is retained by the Court). When the grant is received, the executor of the estate can use the grant to prove to banks and other institutions they have the legal power to deal with the deceased’s assets and liabilities.

A grant of probate is only required in some cases when the deceased owned certain categories of assets.

If the deceased person did not have a will (grant of Administration)

A grant of Admininstration must also be applied for through the Supreme Court of South Australia, and it requires the next of kin of a deceased person to apply to administer the estate. The rules of intestacy apply to an estate when a deceased person does not have a will. As with a grant of Probate, when the grant of Administration is received, the person administering the estate can use the grant to prove they have the legal power to deal with the deceased’s assets and liabilities.