A Guide to Probate in WA

Following the death of a Western Australian resident, the person named as the Executor to the Will is required to apply for a Grant of Probate in order to distribute the deceased’s estate accordingly.

This person must submit an application to the Supreme Court of Western Australia prior to taking on the role of the authorised distributor.

We’ve provided a complete guide explaining how to apply for a Grant of Probate in Western Australia outlining your responsibilities as an applicant.

Documents required to submit a Grant of Probate application in Western Australia

The following documents are required (but may not be limited to), for filing a Grant of Probate application in Western Australia:

• Motion for a grant of probate/letters of administration
• Affidavit of executor(s)
• Consent Form
• Notice Form – intention to apply
• Request to Collect Grant
• Search Enquiry Form
• Statement of Assets and Liabilities Template
• The original Will
• The original death certificate
• An original codicil (if applicable)
• Asset and liabilities statements

The Process – Guidelines for Filing in Western Australia

Many financial institutions and other Western Australian registries may ask for the Grant upon the request to release the deceased’s assets.

It is strongly recommended to contact specific banks and other financial institutions to find out:

• If probate is required to release those particular assets, or
• What additional documentation is required

A Grant of Probate permits the nominated Executor to the Will to legally manage and distribute a deceased person’s estate as per their directions outlined in their Will.

An estate must not be accessed until a Grant of Probate application has been approved and issued by the Supreme Court of Western Australia to the original applicant (Executor to the Will).

Note: The Supreme Court of WA will only issue a grant if there are assets located within Western Australia to be dealt with.

How long do I have to file?

The Executor to the Will must file an application for a Grant of Probate within 6 months of the deceased’s date of death.

Exemptions only apply where a reasonable explanation for a delay can be provided.

How to Apply

1. Obtain the forms outlined above from either

• The Supreme Court of WA Registry, or
• The Supreme Court of WA website

2. Fill in the information required on the following forms:

• Motion for a grant of probate/letters of administration
• Affidavit of executor(s)
• Consent Form
• Notice Form
• Request to Collect Grant
• Search Enquiry Form
• Statement of Assets and Liabilities Template

3. Prepare the Affidavit of Executor(s) and annex the Death Certificate and Original Will to the application.

4. File your fully completed application with the Supreme Court of Western Australia either in person or by mail.

How much does the application cost?

Fees associated with applying for a Grant of Probate in WA include:

• A standard filing fee to submit an application for a Grant of Probate - $370

Additional fees may apply including:

• Depositing a Will of a deceased person – $106
• Certification fee - $25.90
• Exemplification of a grant – $133.50
• Search fee - $54.00

Further information regarding specific fees can be found at www.supremecourt.wa.gov.au/P/probate_fees.aspx

When can I expect a response or result regarding my application?

Your application will be assessed by a Registrar of the Court. While Grant of Probate processing times vary, you should expect to receive your Grant of Probate within 6-8 weeks of filing.

These processing timeframes are an approximate estimate and are indicative of the average waiting periods for applications in Western Australia.

It’s important to follow the application and form directions carefully as incomplete or incorrectly filed submissions may cause delays and extend processing times.

Reach out to us today for a free no-obligation consultation for all Will-related enquiries, our services or for further information regarding Grant of Probate applications and state-specific processes.

Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice