How to access South Australian Wills &
Probate records can often fill in gaps in
civil registration records. They may also provide other
material such as:
information about previously unknown family
suggest the socio-economic circumstances
of the family at a given time in history.
They will also provide death details that may not be
available in civil registration records due to privacy
laws (ie deaths after 1970, a failure
to register a death or deaths predating civil registration.
Unfortunately only about 20 to 30% of deceased people have
a Will presented for a grant by their Executors in the probate
court which in South Australia is the Supreme Court!
Those that died without a Will and had assets (Intestate)
will have Administrators appointed by the court with Letters
of Administration (Admons) and they will be required to distribute
the estate according to law rather than the wishes of the
Many people have no need for a Grant of Probate even if
they had a Will at the time of death because:
• the deceased had no or minimal assets.
• the assets were in joint tenancy. (therefore always look for
Wills of surviving spouses)
• assets were held in a family trust and therefore not part of the
• third party holders of assets may be prepared to release them
without a sighting a grant.
The Probate Registry is located at the Supreme Court Probate
Registry, 1 Gouger Street Adelaide SA and you enter through
the security terminal for Courts 6-12. The entrance is
set back through a small walled garden.
The Registry hold a complete index of all Wills and Admons
granted in South Australia from the start of the court
system. The index to 1995 has been filmed and may be available
on fiche in your local family history society or regional
library. The index does not distinguish between Wills and
Admons. You will not be allow to view the Will before purchase.
|To successfully obtain a Will and the Grant or Admons, you
need to search the indexes and complete form at the Registry or write with
a SSAE to ask if the Registry holds a particular Will and they will reply
accordingly with a form. Before attempting to search the indexes you need
to have the full formal name of the deceased and a good idea of when they
died. In the case of common names the second point become more significant
as does some idea of where they died.
• If the entry located has PT instead of a reference number you need
to apply to the
Public Trustee at 25 Franklin Street Adelaide.
• If no entry was located then no Grant of Probate was made in the
• If you locate several likely entries then you need to undertake
further research or
elect to buy all the records.
Once you have the reference details, complete the form and hand over the counter
with your payment. All Wills cost the same amount regardless of their length.
The material will be ready for collection three working days later or for a fee
will be posted.
Terminology worth knowing:
• Probate: a grant to allow an executor to
disperse a deceased estate.
• Executor: appointed to administer a Will
• Administrator: appointed to wind up an
estate according to law where no Will is
• Letters of Administration: a licence to
allow an administrator to
• Testate: to die with a valid Will.
• Intestate: to die without a vaild Will.
• Partial Intestacy: to die with a partially
• Tenants in Common: deceased's share
forms part of their estate.
Joint Tenants: deceased share passes to
the survivor & is not part of their estate.
Estate papers in South Australia are held by the Executors
or Administrators and do not form part of the above
package. If the estate was wound up by the Public Trustee
(since 1881) then you may be allowed to access them if they are over
75 years old. The Public Trustee Index is available at
their estate papers with the State Library of SA although there
is no requirement to keep Estate papers for more than seven years.