Probate Express

FAQ's

Where to start?


Check if the deceased left behind a Will.

If you find a Will you may want to contact us to ensure that the Will is legally valid.

If yes, preserve the same and do not mark it or write anything on it or attach any clips etc. to it.

Check the Will for who the Executor(s) is.

Contact the Executor(s) and check with the Executor(s) if the Executor(s) is ready, able and willing to apply for a Grant.

Contact us to take the process forward.

Check if the deceased has assets in Western Australia at the date of death such as bank account(s), share(s), superannuation account(s) or real estate in the deceased’s name (not subject to co-ownership by way of a joint tenancy).




What is a Grant of Probate?


A Grant of Probate is a legal certificate issued by the Supreme Court of Western Australia, confirming:

  • that the Will has been proved;
  • that the Will is registered with the Supreme Court; and
  • the Executor(s)’ authority to manage the assets and estate of a deceased person. (See attached sample.)




Who can apply for the Grant of Probate?


The person appointed as an Executor(s) by the deceased in the Will can apply for the Grant of Probate.




What documents are required to obtain a Grant of Probate?


The documents required will depend upon the facts of each case.

However, the following documents will be required in all cases, i.e. the original Will, original Codicil (if any) and the original Death Certificate and the original Marriage Certificate (if applicable) of the deceased.




How long does it take to obtain a Grant of Probate?


The time depends on how busy the Supreme Court of Western Australia is. Generally, it may take about two-three months for the Supreme Court of Western Australia to review an application and issue a Grant if no requisitions are issued.




What can the Executor(s) do once a Grant of Probate has been granted?


The Grant authorises the person named as the Executor(s) in the Grant to amongst others:

  • preserve, collect the assets of the deceased;
  • deal with the assets and liabilities of the deceased as per the Will;
  • distribute the estate to the beneficiary(s), as per the Will;
  • transfer and sell the properties of the deceased estate;
  • collect rental from tenants;
  • transfer or sell shares;
  • manage money held in the deceased’s bank accounts;
  • pay off the debts of the deceased estate; and
  • generally to administer the estate of the deceased.




What is a Grant of Letters of Administration with Will Annexed?


A Grant of Letters of Administration with Will Annexed is a legal certificate issued by the Supreme Court of Western Australia, confirming:

  • that the Will has been proved;
  • that the Will is registered with the Supreme Court; and
  • the Administrator(s)’ authority to manage the assets and estate of a deceased person. (See attached sample.)




Who can apply for a Grant of Letters of Administration with Will Annexed?


Anyone or more of the adult beneficiary(s) of the deceased, in accordance with the Administration Act 1903 (WA), can apply for a Grant of Letters of Administration with Will Annexed, of the deceased.




What documents are required to obtain a Grant of Letters of Administration with Will Annexed?


The documents required will depend upon the facts of each case.

However, the following documents will be required in all cases, i.e. the original Will, original Codicil (if any) and the original Death Certificate and the original Marriage Certificate (if applicable) of the deceased.




How long does it take to obtain a Grant of Administration?


The time depends on how busy the Supreme Court of Western Australia is. Generally, it may take about two-three months for the Supreme Court of Western Australia to review an application and issue a Grant if no requisitions are issued.




What can the Administrator(s) do once a Grant of Letters of Administration with Will Annexed has been granted?


The Grant authorises the person named as the Administrator(s) in the Grant to amongst others:

  • preserve, collect the assets of the deceased;
  • deal with the assets and liabilities of the deceased as per the Will;
  • distribute the estate to the beneficiary(s) as per the Will;
  • transfer and sell the properties of the deceased estate;
  • collect rental from tenants;
  • transfer or sell shares;
  • manage money held in the deceased’s bank accounts;
  • pay off the debts of the deceased estate; and
  • generally to administer the estate of the deceased.




What is a Grant of Letters of Administration?


Letters of Administration is a document issued by the Court confirming the Administrator(s)’ authority to deal with the affairs of a person who died intestate or without leaving a valid Will. (See attached sample.)




Who can apply for a Grant of Letters of Administration?


Anyone or more of the adult beneficiary(s) of the deceased, in accordance with the Administration Act 1903 (WA), can apply for a Grant of Letters of Administration of the deceased.




What documents are required to obtain a Grant of Letters of Administration?


The documents required will depend upon the facts of each case.

However, the following documents will be required in all cases, i.e. the original Death Certificate and the original Marriage Certificate (if applicable) of the deceased.




How long does it take to obtain a Grant of Letters of Administration?


The time depends on how busy the Supreme Court of Western Australia is. Generally, it may take about two-three months for the Supreme Court of Western Australia to review an application and issue a Grant if no requisitions are issued.




What can the Administrator(s) do once a Grant of Letters of Administration has been granted?


The Grant authorises the person named as the Administrator(s) in the Grant to amongst others:

  • preserve, collect the assets of the deceased;
  • deal with the assets and liabilities of the deceased;
  • distribute the estate to the beneficiary(s) as per the formula provided by law;
  • transfer and sell the properties of the deceased estate;
  • collect rental from tenants;
  • transfer or sell shares;
  • manage money held in the deceased’s bank accounts;
  • pay off the debts of the deceased estate; and
  • generally to administer the estate of the deceased.




What is a Reseal of Foreign Grant?


A reseal of a foreign Grant is a process whereby the Supreme Court of Western Australia recognises the validity of a Grant of Probate/Letters of Administration with Will Annexed/Letters of Administration granted in a jurisdiction outside of Western Australia.

Once resealed, the original Grant will have the same effect and same operation in Western Australia as the original Grant.




Who can apply for a Reseal of Foreign Grant?


The Executor(s) or the Administrator(s) of an estate that has obtained the Grant of Probate/Letters of Administration with Will Annexed/Letters of Administration, granted in a jurisdiction outside of Western Australia, may apply for Reseal of the Foreign Grant.




What documents are required for a Reseal of Foreign Grant?


Authentic Copy of the Will and codicil (if any) to which the grant relates or a Copy thereof certified as correct by or under the authority of the Court by which the grant was made and the Original or Certified Copy of the Foreign Grant and Copy of the Death Certificate.




How long does it take to Reseal of Foreign Grant?


The time depends on how busy the Supreme Court of Western Australia is. Generally, it may take about two-three months for the Supreme Court of Western Australia to review an application and issue a Grant if no requisitions are issued.




When to file for a Grant?


If the Executor/Administrator does not file for a Grant within two months of the death of the deceased, any beneficiary or creditor can file for the Grant.





Phone

Tel: 08 6262 9701

Mobile: 0426 240 264

Liability Limited by a scheme approved under Professional Standards Legislation.

Designed and Developed by Eight 56 Creative Studios

The use of this website is subject to our Disclaimer and Privacy Policy.

Copyright © Probate Express 2020. All rights reserved.