About Probate
Learn more about probate in WA.
When you're ready make a quick enquiry.
- Our Process
- Helpful Information
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the circumstances in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our estate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to represent you through the process.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Your lawyer can help you
- Explain the laws and legislation.
- Draft your application.
- Represent you through the process.
What is probate?
The Law
Pursuant to the Administration Act 1903, the Supreme Court of Western Australia has jurisdiction to grant probate to any deceased person’s estate in Western Australia. Probate is the process of validating, proving, and registering the last will of a deceased person in the Supreme Court. Once the Court is satisfied that the will is proven, it will issue a grant of probate to the executor who has applied for probate.
In Plain English
Probate is the process of proving a deceased person’s will in the Supreme Court. The executor appointed under a deceased person’s will is entitled to apply for a grant of probate from the Supreme Court of Western Australia if the deceased person has left property in Western Australia.
How probate works
Applications for probate are made to the Court by an executor appointed under the deceased person’s will. The application for probate will require an executor to demonstrate that the person who made the will is deceased, that the deceased has left property in Western Australia, and that the will was validly made, and that is the final will of the deceased. The affidavit sworn by the executor for the probate application must also annex a statement of assets and liabilities of the estate and the original will of the deceased.
What happens once its granted
Once a grant of probate is issued, the executor can produce the grant as evidence that he/she has permission to deal with the deceased’s property. The executor is subject to strict duties to comply with the provisions of the will, and ensuring liabilities are paid off before property is distributed to the beneficiaries. If money is held in the deceased’s bank account, the bank may require the executor to produce the grant in order to release the funds or details relating to the deceased’s bank account. Similarly, Landgate (the organisation which issues property titles in Western Australia) may require the grant of probate before it is prepared to transfer real estate property in Western Australia in accordance with the will.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the circumstances in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our estate lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to represent you through the process.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
Helpful Information
Your lawyer can help you
- Explain the laws and legislation.
- Draft your application.
- Represent you through the process.
What is probate?
The Law
Pursuant to the Administration Act 1903, the Supreme Court of Western Australia has jurisdiction to grant probate to any deceased person’s estate in Western Australia. Probate is the process of validating, proving, and registering the last will of a deceased person in the Supreme Court. Once the Court is satisfied that the will is proven, it will issue a grant of probate to the executor who has applied for probate.
In Plain English
Probate is the process of proving a deceased person’s will in the Supreme Court. The executor appointed under a deceased person’s will is entitled to apply for a grant of probate from the Supreme Court of Western Australia if the deceased person has left property in Western Australia.
How probate works
Applications for probate are made to the Court by an executor appointed under the deceased person’s will. The application for probate will require an executor to demonstrate that the person who made the will is deceased, that the deceased has left property in Western Australia, and that the will was validly made, and that is the final will of the deceased. The affidavit sworn by the executor for the probate application must also annex a statement of assets and liabilities of the estate and the original will of the deceased.
What happens once its granted
Once a grant of probate is issued, the executor can produce the grant as evidence that he/she has permission to deal with the deceased’s property. The executor is subject to strict duties to comply with the provisions of the will, and ensuring liabilities are paid off before property is distributed to the beneficiaries. If money is held in the deceased’s bank account, the bank may require the executor to produce the grant in order to release the funds or details relating to the deceased’s bank account. Similarly, Landgate (the organisation which issues property titles in Western Australia) may require the grant of probate before it is prepared to transfer real estate property in Western Australia in accordance with the will.
It's never too soon to make a will.
Get your affairs in order sooner rather than later to avoid potential legal issues when you're gone.
Lawyers with extensive will drafting experience
Have lawyers with significant will drafting knowledge prepare your last will and testament.
- Past Cases
- Good Results
- Happy Clients
