Probate & Estate Lawyers
When someone close to you dies, managing their estate can feel overwhelming. You may need to locate the will, deal with banks and other organisations, and work out whether probate is required.
Mahony’s probate lawyers in Adelaide help executors, beneficiaries and families across South Australia manage the process with clear, practical advice. We can prepare probate or Letters of Administration applications, help administer the estate, and explain what needs to happen at each stage.
Whether the estate is straightforward or more complex, we will help you move forward with confidence.
Probate is a grant issued by the Supreme Court that confirms an executor’s authority to manage a deceased person’s estate.
It may be required where the deceased owned assets in their sole name, such as property, significant bank accounts, investments or shares. Whether a grant is needed will depend on the assets involved and the requirements of the relevant bank, financial institution or organisation.
If there is no will, or the executor cannot act, an application for Letters of Administration may be required instead.
Not every estate requires probate. Our Adelaide probate lawyers can assess the estate and explain the right next step.
This avoids repeating “probate is not required for every estate” in one section and then defining probate again in the next.
The type of court grant required will depend on whether the deceased left a valid will.
- Grant of Probate — usually required where there is a valid will and the appointed executor is able to act.
- Letters of Administration — may be required where there is no valid will, or where the executor cannot act.
There can also be situations where there is a will but no executor is available to act. In those matters, an application for Letters of Administration with the Will Annexed may be appropriate.
We can advise you on the type of grant required and who is entitled to make the application.
What Should I Do First After Someone Dies?
There is often a lot to manage after someone dies. A few early steps can make the probate process clearer and help avoid delays.
- Find the original will
Check the deceased’s personal papers or contact their solicitor, accountant or bank. Do not remove staples, clips or pages from the original will. - Identify assets and debts
Make a list of property, bank accounts, investments, superannuation, debts and other liabilities. Note which assets were held solely and which were jointly owned. - Confirm who can act
If there is a will, check who is appointed as executor. If there is no will, or the executor cannot act, Letters of Administration may be required. - Get advice before distributing assets
Before transferring property or distributing funds, make sure the estate’s debts, liabilities and any potential claims have been considered.
Mahony’s Lawyers can help you understand what is required, apply for the appropriate grant and guide you through the estate administration process.
How Our Probate Lawyers Can Help
We understand that every family and every estate is different. Our role is to make the process as straightforward and stress-free as possible while ensuring everything is handled with professionalism and care.
Our experienced probate lawyers in Adelaide can assist with:
- Applying for Probate by preparing and lodging the necessary documents with the Supreme Court of South Australia.
- Letters of Administration when there is no valid will or the named executor cannot act.
- Estate Administration to help executors collect assets, pay debts, and distribute the estate according to the law.
- Executor & Beneficiary Advice to guide you through your rights and responsibilities during the process.
- Resolving Estate Disputes by providing practical solutions if disagreements arise among family members or beneficiaries.
For broader help with wills, estate planning and deceased estates, visit our Wills and Estate Lawyers Adelaide page.
Support for Executors
Being appointed as an executor can feel daunting. You may be responsible for dealing with financial institutions, valuing assets, paying liabilities, keeping records and communicating with beneficiaries — all while coping with the loss of someone close to you.
Mahony’s Lawyers can help you understand your role and take the pressure out of the legal process. We will explain what is required, prepare the relevant documents and keep you informed at each stage.
You do not need to work through the process alone.
Why Choose Mahony’s Lawyers for Probate Matters?
With more than 47 years of experience, Mahony’s Lawyers is trusted across South Australia for guiding families through both simple and complex estate matters.
When you work with our team, you can expect:
- clear, practical legal advice
- a compassionate and professional approach
- plain-English explanations without unnecessary legal jargon
- support for executors, beneficiaries and families
- local advice from a long-established South Australian firm
- access to offices in Campbelltown, Salisbury, Woodville and Mount Gambier.
We know that probate is not simply paperwork. It is an important responsibility at a difficult time, and we are here to help you handle it properly.
Speak With a Probate Lawyer in Adelaide
If you are an executor, beneficiary or family member dealing with a deceased estate, early advice can help you understand your responsibilities and avoid unnecessary delays.
Speak with the probate and estate team at Mahony’s Lawyers for clear, practical guidance.
Frequently Asked Questions
What is probate, and when is it required?
Probate is a grant issued by the Supreme Court that confirms an executor’s authority to administer an estate where there is a valid will. It may be required before certain assets, including property or significant financial assets held solely by the deceased, can be collected, transferred or sold.
Whether probate is required depends on the particular assets and the requirements of the relevant organisations. We can assess the estate and advise you.
How long does probate take in South Australia?
The timing depends on the complexity of the estate, the documents required and whether the Probate Registry raises any questions about the application. A correctly prepared, non-complex application may be issued in under four weeks after it is ready for assessment, but the overall estate administration process can take longer.
What happens if there is no will?
If there is no valid will, the estate is dealt with under South Australian intestacy laws. A person entitled to administer the estate may need to apply for Letters of Administration. We can advise on who can apply and what is involved.
For more information on the implications of dying without a will, see our guide: What Happens If You Die Without a Will in South Australia?
What does an executor need to do?
An executor is responsible for collecting estate assets, paying debts and distributing the estate in accordance with the will.
Their role may also involve applying for probate, communicating with beneficiaries, keeping records and making sure the estate is administered properly. Our team provides clear advice and practical assistance throughout the process.
Can Mahony’s Lawyers help if the estate is disputed?
Yes. If there is a disagreement about a will, the executor, a beneficiary’s entitlement or the administration of an estate, we can provide advice on the available options and the most practical way forward.
You may also find our Contesting a Will Lawyers Adelaide page helpful if the concern relates to a potential will dispute or family provision claim.
