Guide · South Australia
Deceased estate administration in South Australia, step by step.
If you've just been told you're the executor, this page is the map nobody hands you. It sets out what a deceased estate is, what has to happen and in what order, where the delays usually come from — and what we can take off your hands if you'd rather not carry it alone.
What is a deceased estate?
A deceased estate is everything a person owned and owed at the moment they died — the house, the bank accounts, the shares, the car, the superannuation, the personal belongings, any business interest — less their debts.
Someone has to gather all of it, prove what it consists of, pay what is owed and pass the rest to the people entitled to it. That person is the executor named in the will. Where there is no valid will, the court appoints an administrator instead, and the estate is distributed under the rules of intestacy rather than according to anyone's wishes.
Not everything a person owned forms part of the estate. Jointly owned property and joint bank accounts commonly pass directly to the surviving owner. Superannuation is often paid at the trustee's discretion, or to a binding nominated beneficiary, outside the will entirely. Working out what is in and what is out is one of the first real tasks.
The order of work
How to administer a deceased estate in SA
Every estate differs, but the sequence is fairly consistent. Doing these out of order is the most common cause of months lost.
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01
Register the death and get the death certificate
Your funeral director normally lodges the death registration with Births, Deaths and Marriages in South Australia, which then issues the official death certificate. Almost nothing else can move without it. Order several certified copies at the outset — you will be asked for one by nearly every organisation you contact.
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02
Find the will and confirm who the executor is
Look at home, then with the deceased's solicitor, their bank, and the Public Trustee. The will names the executor — and it is worth confirming it is the most recent will before anyone acts on it. If no will can be found, treat the estate as intestate until proven otherwise.
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03
Secure and protect the assets
Secure the property and check that insurance remains valid on a vacant home — many policies change terms once a house is unoccupied. Redirect mail, cancel direct debits and subscriptions, and take a photographic record of contents. This step protects you as much as the estate.
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04
Identify every asset and every liability
Bank accounts, term deposits, shares and share registries, superannuation and any attached life insurance, real property and titles, vehicles, personal effects — set against mortgages, personal loans, credit cards, unpaid accounts, tax owing and the funeral account. This schedule is the backbone of the probate application, and it is where incomplete records cost the most time.
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05
Apply for probate, if it's needed
A grant of probate is the Supreme Court's confirmation that the will is valid and the executor may act. In South Australia the application is made to the Probate Registry of the Supreme Court, usually by the estate's solicitor. Where there is no valid will, an eligible person applies for letters of administration instead. Not every estate needs a grant — see the questions below.
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06
Notify everyone who needs to know
Banks, superannuation funds, insurers, Centrelink, Medicare, the ATO, utilities, councils, telcos, health funds, aged care providers, My Health Record, and the share registries. Each has its own form, its own evidence requirements and its own processing time. This is the single largest volume of work in most estates.
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07
Pay the debts and deal with tax
Debts and the funeral account are paid from estate funds. A final individual tax return is generally required, and the estate itself may need to lodge returns. Australia has no inheritance tax, but capital gains tax can arise when estate assets are sold — worth an accountant's advice before selling anything.
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08
Distribute the estate, and keep the records
Distribute according to the will, or the rules of intestacy, and keep a complete record of every receipt and payment — beneficiaries are entitled to an account. Strict time limits apply to claims against an estate, so take legal advice before distributing early. An executor who distributes too soon can end up personally exposed.
Where deceased estates usually get stuck
Documents nobody can find
An old share holding, a superannuation fund from a job in the eighties, a policy in a drawer. Each one has to be traced, and tracing takes weeks.
A probate application sent back
An incomplete asset schedule or a missing certified copy means the file comes back and goes to the end of the queue.
Executors trying to do it while grieving
This is the most common one, and the least talked about. Concentration is the first thing grief takes, and this work needs it.
Distance
An estate in Adelaide and an executor in Melbourne or Perth. Every task seems to need someone physically present, and flights add up fast.
Disagreement between family members
Often about belongings rather than money. It stalls decisions the executor needs to make and turns months into years.
Nobody knew what the deceased wanted
The hardest and the most preventable. It is the reason our advance care planning work exists.
If you'd rather not do it alone
We can take the administration on
Care and Legacy Advisors provides estate administration support across South Australia. We do the gathering, the chasing and the organising, then hand your solicitor a complete probate-ready pack — every document indexed and checked against a full probate checklist.
The work is led by a registered nurse with twenty years in aged care senior management, which is an unusual background for this and, we think, the right one: this is as much about a family under strain as it is about paperwork.
We are not a law firm. We do not provide legal advice and we do not complete legal documents. Fees start from $4,400, tiered by estate complexity, and the scope is always agreed in writing before any work begins.
Questions
Deceased estates, answered plainly
What is a deceased estate?
Everything a person owned and owed at the moment they died — property, bank accounts, shares, vehicles, personal belongings and business interests, less their debts. It is administered by the executor named in their will, or, where there is no valid will, by an administrator appointed by the court.
How long does deceased estate administration take in South Australia?
A straightforward estate commonly takes six to twelve months from death to final distribution. Gathering documents and preparing the probate application is usually a matter of weeks. Estates involving the sale of property, business interests, missing paperwork, complex superannuation or a family dispute can take considerably longer.
Do I need probate for a deceased estate?
Not always. Each bank, share registry and superannuation fund sets its own threshold for releasing funds without a grant, and jointly held assets often pass to the surviving owner outside the estate. Probate is generally required where the estate includes real property in the deceased's sole name, or where an asset holder insists on a grant. A solicitor can tell you quickly which applies to your estate.
What happens if there is no will?
The estate is intestate. An eligible person — usually the spouse, domestic partner or a child — applies to the Probate Registry of the Supreme Court of South Australia for letters of administration, and the estate is distributed according to the rules of intestacy rather than the deceased's wishes. The administrative work is usually broader, because entitlement must be established from birth, marriage and death records.
Who pays the debts of a deceased estate?
The estate does, from its own assets, before anything is distributed to beneficiaries. Beneficiaries do not inherit the deceased's debts personally. An executor who distributes the estate before its debts and tax obligations are settled can become personally exposed, which is why order matters.
Is there inheritance tax on a deceased estate in Australia?
Australia has no inheritance tax or death duties. That does not mean an estate has no tax obligations: a final individual tax return is generally required, the estate may need to lodge its own returns, and capital gains tax can arise when assets are later sold. Speak to an accountant about the estate's position.
Can you help with a deceased estate if the family lives interstate?
Yes. Interstate and overseas executors are a large part of who we help. We are based in Adelaide and can attend to documents, agencies, the property and practical arrangements on the ground in South Australia, which often removes the need for repeated flights and extended time away from work.
What is the first thing to do when someone dies?
Obtain the medical certificate of cause of death and engage a funeral director, who will normally lodge the death registration with Births, Deaths and Marriages in South Australia. Then locate the will, and order several certified copies of the death certificate — almost every organisation you need to notify will ask for one.
This guide is general information only, current at the time of writing, and focuses on South Australia. It is not legal, financial or taxation advice and does not take your circumstances into account. Requirements and time limits change — please confirm the current position with a qualified solicitor or accountant before acting.
Nobody should have to learn this in the worst week of their life.
Tell us where things stand and we'll tell you what comes next — whether or not you engage us.
Get in touchOr email janerooke@careandlegacy.com.au