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A Complete Guide to Probate and Letters of Administration in WA

Following a person’s death in Western Australia, either a Grant of Probate or Letters of Administration application must be lodged for a person to be legally appointed the responsibility to:

  • Access finances, assets and belongings 

  • Distribute the estate as intended, and

  • Carry out any requests and wishes outlined in the Will.

Our guide will explain and instruct you on how to:

  • Successfully submit a Grant of Probate Application, and

  • Apply for Letters of Administration where required

Minimum Documents required – WA Probate Application

A number of documents are required to submit a Grant of Probate application in Western Australia. Other than those stated below, additional documents may also be requested by The Supreme Court before a grant is finalised.

You’ll need to obtain the following documents:

  • Statement of Assets and Liabilities Template 

  • The original Will

  • The original death certificate

  • Asset and liabilities statements

  • Motion for a grant of probate/letters of administration

  • Affidavit of Executor (s)Consent Form   

  • Notice Form Request to Collect Grant   

  • Search Enquiry Form

Filing for a Grant in WA – Processes for Probate & Letters of Administration

Probate Application 

A Grant of Probate application must be filed when a person dies, leaving a Will including a nominated Executor. Required documentation is submitted to the Registry following an assessment and decision made by The Supreme Court of WA.

You’ll need to wait to be granted Probate before you’re allowed to distribute the deceased’s estate.

Who can apply for a Grant of Probate in Western Australia? 

Probate Application

Grant of Probate applications are to be lodged by the Executor (s) to the Will only.

Letters of Administration Application

A person may need to apply for Letters of Administration in WA following a person’s death where either the person died:

  • Without leaving a Will at all, or

  • Leaving a Will without nominating an Executor, or 

  • An Executor was named but has since deceased or no longer has the capacity to take on the role of Executor.

Who can apply for Letters of Administration in Western Australia?

A Letters of Administration application can be lodged by one or multiple people when mentioning an Executor to distribute an estate is non-existent. 

While anyone can apply, the most suitable applicants are generally:

  • A spouse

  • Children

  • Siblings, or

  • Another close relative or family friend

The Supreme Court of WA will determine a ‘suitable person’ to distribute the estate based on the circumstances involved with the application.

Important Things to Note – WA Applications

Financial Institutions in WA may need to see the Grant and other documentation upon the request to release assets. Contact these financial institutions directly for further information on release requirements.

Processing times are approximate and are subject to a number of circumstantial factors. 

How long should I wait to file a Grant application in Western Australia?

You should apply for either a Probate or Letters of Administration grant as soon as possible. The Supreme Court of WA requires you to file your application within six months of a resident’s death.

You may be exempt from this time frame if a genuine and eligible reason can be provided for a delay.

How do I file for Probate in Western Australia?

1. Obtain all documents required from the Supreme Court of WA Registry or the Supreme Court’s website

2. Use the following documents to provide all information required by The Court of WA:

  • Asset and liabilities statements

  • Motion for a grant of probate

  • Affidavit of Executor (s)

  • Consent Form  

  • Notice Form 

3. Prepare the Affidavit of Executor and annex the:

  • Death Certificate 

  • Original Will

4. You’re ready for filing! Submit your application to the Probate Registry and await a response, requisition request or a final decision on your Grant.

In WA, applications can be either:

  • Posted to the Registry or,

  • Filed online using the eCourts portal – you’ll need to register an account and use the online form system.

How do I file for Letters of Administration in Western Australia?

1. As the deceased’s closest next of kin, you’ll need to prepare the following documents:

  • Motion for a Grant of Letters of Administration

  • Affidavit of Executor (s)

  • Statement of assets and liabilities

  • Will – Letters of Administration – With Will application

  • Original death certificate.

The next of kin hierarchy is as follows: 

  • Spouse

  • Children 

  • Grandchildren

  • Parents

  • Siblings

2. Attach the Affidavit of Executor and annex the:

  • Death Certificate 

  • Original Will

3. You’re ready for filing! Submit your application to the Probate Registry and await a response, requisition request or a final decision on your Letters of Administration grant.

In WA, applications can be either:

  • Posted to the Registry or,

  • Filed online using the eCourts portal – you’ll need to register an account and use the online form system.

What does it cost to file for a Grant of Probate or Letters of Administration in Western Australia?

You may be required to pay several fees when applying for a Probate or Letters of Administration Grant in WA, including:Probate & Letters of Administration Fees

  • A one-off filing fee for your application to be lodged – $370.00

  • Other additional fees may apply depending on the circumstances.

When will I have a decision regarding my Grant?

Probate and Letters of Administration applications vary and depend on personal circumstances, special considerations and a range of other complexities involved with a person’s death.

Waiting periods for Grants in WA are generally between 6-8 weeks from the date The Court receives the application.

Answering Requisition Requests

Often issues arise regarding Probate and Letters of Administration grant applications. These problems need to be rectified through means of answering a requisition and are commonly due to:

  • Errors made on forms

  • Discrepancies relating to details, or

  • Failing to supply the correct/sufficient documentation

What happens if there are issues with my application?

The Supreme Court of WA will notify you and request a requisition to amend any issues, clarify or confirm details, provide further documentation or for a number of other reasons until the application is satisfactory.

As requisition requests generally delay processing times, it is crucial to ensure initial applications are correctly filed.

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