Probate Application WA
Apply for a Grant of Probate in Perth

Probate in Western Australia is a legal process where the Supreme Court of WA certifies that:

• A Will is valid and can be acted upon
• The executor(s) named in the Will have the authority to finalise the deceased person’s estate. This includes all property, assets and any debt.

Once an application for Probate is filed with the Supreme Court of Western Australia, it is processed within 4 weeks. If the application is successful, the Grant of Probate is posted to you and is usually received in 2–4 days.

If there are any questions, issues or concerns that need to be addressed in relation to your application, the Registrar will raise a requisition for further information to be provided. Requisitions can cause significant delays to the application process and can often result in having to seek legal advice.

There are three ways to apply for a Grant of Probate in WA:

• Instruct a solicitor to act on your behalf

• Authorise a Trustee Company to act as the executor or administrator

• Prepare the Application yourself (without a Solicitor)

Many people don’t realise that you can apply for Probate yourself without seeing a Solicitor. The challenging part, however, is navigating the complicated forms, filling them out correctly and complying with the Supreme Court of WA’s strict requirements.

That’s where Probate Consultants come in! We do all the tricky paperwork and processes for you, guaranteeing that your application will be successful or your money back. You get the same legal outcome as seeing a Solicitor, without the expensive legal fees.

There is no requirement to apply for Probate in Western Australia. Probate is required when an asset holder (Bank, Super Fund, Aged Care Facility, etc) requests a Grant of Probate in order to allow access to a deceased person’s assets.

Probate may also be necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.

You need a grant in the following situations:

• Seeking the refund of an Accommodation Bond (RAD) from an aged care facility
• Accessing funds in a bank account over a certain value, usually $50,000
• Receiving the Resident Exit Entitlement from a Retirement Village
• Transferring title of real estate that was held solely by the deceased, or as tenants in common

In determining whether you need a grant of Probate, you can:

• Contact the relevant institutions and ask whether they require a Grant in order for you to deal with the property
  • If there are minimal assets, you may only need to produce a certified copy of the Will and death certificate
• Contact Probate Consultants for a free consultation regarding the estate.

Letters of Administration in WA are issued by the Supreme Court to the person who is legally entitled to deal with the property and assets of someone who has passed away without a valid will.

This person is appointed Administrator of the estate.

Someone who is entitled to benefit from the deceased person’s estate can apply for Letters of Administration in WA. This is usually the deceased’s closest next-of-kin.

There is no requirement to apply for Probate in order to administer the estate of someone who has passed away. You only need to apply for Probate to deal with the deceased person’s assets if the institutions holding those assets require it.

Probate may also be necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.

Probate law in Western Australia governs all matters involving Wills and the administration of deceased estates.

Much of the Probate Law can be found in the Administration Act 1903 (WA).

All real estate and personal property owned by the deceased must be included in an application for Probate where it was owned solely or as tenants in common.

Property and assets owned jointly with another person can be excluded from the application if ownership passed automatically to the surviving owner when the person passed.

There is, however, no requirement to apply for Probate in order to administer the estate of someone who has passed away. You only need to apply for Probate to deal with the deceased person’s assets if the institutions holding those assets require it.

Not all Wills need to go through Probate. You only need to obtain Probate of a Will where a Grant of Probate has been requested by an institution (Bank, Super Fund, Aged Care Facility, etc) that are holding assets of the deceased.

Probate of a Will may also be necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.

The costs involved in applying for Probate, including filing fees, are generally not tax deductible.

Please note that there is no specific rule that governs the deductibility of Probate expenses and some other expenses incurred in administering the deceased estate may be tax deductible.

Yes, you can apply for Probate yourself without a solicitor.

If you need assistance when completing your own Probate application, please contact Probate Consultants on 1300 561 803 or fill out the Online Form for a Free Consultation.

We do all the tricky paperwork and processes for you, guaranteeing that your application will be successful or your money back. You get the same legal outcome as seeing a Solicitor, without the expensive legal fees.