Probate & Letters of Administration

You will need to file a Grant of Probate application in WA if the deceased:

• Was the sole holder of bank accounts with balances exceeding approximately $50,000 (this threshold differs among financial institutions);
• Held real estate as tenants in common with someone else;
• Owned shares with a market value exceeding $10,000; or
• Were entitled to superannuation benefits or life insurance that are payable to their estate.

A Grant of Probate is usually only necessary if the deceased’s finances are above a certain threshold. Alternative documents such as a copy of the death certificate may suffice for the release of lesser amounts. The cap on this value will vary depending on the financial institution or share registry in question, so it’s best to contact each entity directly to confirm its limit.

Probate is not required when the deceased’s assets are held as ‘joint tenants’ with another living person, who can access these assets without such authorisation from the Supreme Court. For instance, it is common for the deceased’s family home to be passed on to their surviving spouse.

For real estate, the surviving joint tenant must file a survivorship application, a process we can assist with to ensure a smooth transfer of ownership.

If the deceased passed away with no valid Will in place, then you will need to obtain Letters of Administration instead of a Grant of Probate.

There is one principal reason why you need a Grant of Probate before administering a deceased estate: Certain entities that hold the deceased’s assets or manage registers recording title to these assets will not allow access or title transfer to the Executor for estate distribution without a certified copy of the Grant of Probate.

Examples of such institutions include insurance companies, financiers, superannuation funds, retirement villages, utilities providers and the local council.

At Affinitas Legal, we can assist you in determining whether a Grant of Probate is needed in your distinct circumstance.

Before applying for Probate in WA, you must ensure that you are:

• At least 18 years old;
• Listed as the Executor in the Will; and
• Applying within six months of the date of death of the person who made the Will.

If the Executor does not apply within this timeframe, a beneficiary or someone else with a stake in managing the deceased estate may make the application.

In Western Australia, the application for a Grant of Probate should be submitted within six months following a person’s death. Applications made beyond this period need to be accompanied by an explanation for the delay.

It’s also important to note that you must wait at least 14 days before applying for Probate in WA.

As opposed to some other states, you are not required to issue a notice before applying for probate in WA.

However, the Probate Office requires a detailed list and valuation of the deceased’s assets and debts as of their date of death. A complete probate application should include:

• A motion for a Grant of Probate;
• The original Will;
• The original Death Certificate;
• Any original codicil, if applicable;
• Statement of Assets and Liabilities Template;
• Affidavit of Executor(s);
• A Consent form;
• A Search Enquiry form; and
• Request to Collect Grant.

Processing times for a Grant of Probate application in WA vary depending on each case’s complexity. That said, it tends to take approximately 6-8 weeks from the time of filing to approval. However, this timeframe can be influenced by the Court’s workload at the time of the application.

For an efficient application, it is important to ensure all forms have been completed correctly, as mistakes or incomplete submissions can cause delays.ct our lawyers in Perth today.

After Probate has been granted, an Executor must first gather all deceased estate assets. Funeral, testamentary trust, and administration costs are prioritised over other payments. Once these are settled, the Executor can settle the estate’s debts.

With all debts cleared, the Executor is then free to distribute the remaining assets to the beneficiaries as outlined in the Will.

At Affinitas Legal, we are here to help Executors fulfil their duties through every stage of the estate administration process. For tailored assistance, simply contact our lawyers in Perth today.

Usually, Probate fees are reimbursed out of the deceased estate.

You will need Letters of Administration if you wish to administer a deceased estate with no valid Will. This is generally the responsibility of the individual considered to inherit the largest portion of the estate, or who is the closest living relative of the deceased.

The Supreme Court tends to grant Letters of Administration to the following people:

• Spouse
• Child or next of kin if the deceased had no children
• Trustee or Guardian if there is no next of kin willing to apply

Applications for Letters of Administration are more complex than those for Grants of Probate, with processing times ranging from 1 to 4 months. The time it takes to obtain approval depends on the Supreme Court’s volume of work at the time.