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The word "probate" has its origins in the Latin "probatum" which means a "thing proved" and "probare" which means "to prove".
There are many misconceptions about the meaning of the term. It has nothing to do with death duties.
In South Australia, the administration of deceased estates is regulated by the Administration and Probate Act, 1919. The Act gives jurisdiction over all matters concerning probate and the administration of deceased estates to the Supreme Court of South Australia. The jurisdiction is called the "testamentary causes jurisdiction".
The type and location of assets held by a deceased estate will generally determine whether probate is required. Probate is applied for by the executor(s) named in the will of the deceased. They must swear to the genuineness of the will and that they will administer the estate faithfully. They must also swear to details of the assets and liabilities of the deceased at the date of death. The necessary documents are lodged at the Probate Registry of the Supreme Court (with the required fee!) and, if the Court is satisfied that everything is in order, it issues a grant of probate. The probate is a certificate under the seal of the Supreme Court. A copy of the will is attached to the probate. The effect of the probate is to tell the world that the will has been proved and registered as the last valid will of the deceased and that the named executor(s) have authority to administer the estate.
The Act provides that the probate is evidence of the due execution of the will; evidence of the contents of the will; and evidence of the death, and the date of death, of the deceased.
The probate must be produced to various authorities and institutions with whom the executor(s) must deal to administer the estate. For example, if there is a bank account to be closed, the bank will want to see the probate before it closes the account and pays the proceeds to the executor(s). If land is to be sold, the probate must be produced to the Lands Titles Office before a dealing with the land will be registered.