FAQ's
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).
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.
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.)
The person appointed as an Executor(s) by the deceased in the Will can apply for the 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.
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.
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.
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.)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.