Probate and Letters of Administration

Clear guidance through the legal steps after loss

When someone close to you passes away, their estate – including property, bank accounts, or shares – often needs to be legally managed. In Western Australia, this may require applying to the Supreme Court for a grant of probate or letters of administration.

At TLS, we help clients through this process with care, clarity and practical support, especially in complex or unfamiliar situations, including blended families, foreign Wills, or estates with overseas assets.

What is probate?

Probate confirms that a Will is valid and that the person named as Executor is legally authorised to administer the estate. This includes:

• Collecting and securing the deceased’s assets
• Paying any outstanding debts
• Distributing the estate according to the Will

If there’s a valid Will and a willing Executor, this is usually the next legal step.

What is letters of administration?

If the deceased did not leave a valid Will, they are considered to have died intestate. In this case, someone entitled to inherit under the Administration Act 1903 (WA) — often a spouse, child, or next of kin — can apply for letters of administration.

This grant serves a similar function to probate, giving that person legal authority to manage and distribute the estate.

When is a grant required?

You’ll likely need a grant (of probate or administration) if the deceased owned assets such as:

• Real estate
• Sole bank accounts
• Shares
• Superannuation without a binding death benefit nomination

We can help you determine whether a grant is required, and if so, which type.

When a grant may not be required

In some cases, you can manage a deceased person’s estate without formal court approval. For example:

Jointly owned property
Real estate owned as joint tenants passes automatically to the surviving owner. A survivorship application can be lodged with Landgate.

• Joint bank accounts: Funds typically transfer to the surviving account holder, with the bank requiring only a death certificate.
• Low-value assets: Some banks may release small balances without a grant, depending on their internal thresholds.
• Household contents: Personal items and furniture usually don’t require a formal grant unless there’s a dispute.

Clear and practical guidance through the legal steps after loss

When a loved one passes away, managing their affairs, assets, and liabilities can be an emotionally overwhelming burden. Their entire estate, including real property, bank accounts, investments, or shares, requires meticulous legal management. In Western Australia, navigating this legal transition often necessitates applying to the Supreme Court for a Grant of Probate or letters of administration. Finding the right guidance is crucial. An experienced probate lawyer from our team can help by providing comprehensive, clear, and compassionate support during this challenging period.

We understand the complexity involved in executing a Will and administering an estate. We can help ensure you meet all legal requirements efficiently and without unnecessary delay.

At Tactical Legal Solutions, we simplify the often difficult probate process for our clients. We provide care, clarity, and practical support, especially in complex situations where standard procedures are not enough.

We specialise in supporting Executors and Administrators who are dealing with:

• Complex family arrangements (like blended families).

• Foreign Wills or estates with beneficiaries located overseas.

• Complex inheritance claims.

Our extensive experience ensures the process is handled correctly from the start, expediting the administration and distribution of the deceased person’s estate.

Understanding Probate and Executing a Will

Defining Probate and Executor Duties

Probate is the legal process that confirms a Will is valid and officially authorises the Executor to manage the deceased’s estate.

An Executor is responsible for executing a Will according to the deceased’s wishes, often under significant time and emotional pressure. An Executor’s responsibilities are wide-ranging and include:

• Formally collecting and securing all the deceased’s assets
• Accurately determining the full value of the estate
• Settling any outstanding debts, liabilities, or taxes owed by the deceased
• Distributing the remainder of the estate according to the precise terms outlined in the Will.

The Need for Official Authority

If a valid Will exists and the Executor is ready to act, they must apply to the Supreme Court of Western Australia for a Grant of Probate. This application is the required legal step to gain official authority. It protects the Executor from personal liability and ensures institutions like banks and Landgate will recognise their authority. Without this grant, the Executor cannot access or transfer most significant assets, which stops the smooth estate administration process.

The Letters of Administration Process

Defining Letters of Administration

If the deceased did not leave a valid Will, they are considered to have died “intestate”. This situation triggers a different legal path. Instead of probate, a person entitled to inherit under the Administration Act 1903 (WA), typically a spouse, child, or next of kin, must apply for a grant of Letters of Administration.

The Function of Letters of Administration

This formal grant serves a similar fundamental function to probate, granting the Administrator the necessary legal authority to manage and distribute the estate. The laws of intestacy strictly dictate who inherits the estate. We provide focused advice to ensure the correct applicant is identified and successfully obtains the grant, allowing the proper estate administration to commence smoothly and in accordance with Western Australian law.

Determining When a Grant is Required

Assets Requiring a Grant

Formal court approval, such as a Grant of Probate or Letters of Administration, is often needed to legally transfer assets the deceased owned. You will likely need this formal grant if the deceased held assets such as:

• Real property (land) solely in their name.
• Substantial bank accounts (over the bank’s limit).
• Shares and investments.
• Superannuation without a valid binding death benefit nomination.

Financial institutions and others require this official court authority to release assets to the Executor or Administrator. Our experienced team can review the estate’s assets to determine if a grant is mandatory.

Mandatory Legal Requirement

Failing to secure the necessary probate or letters of administration when required will indefinitely stall the distribution of the estate, leading to unnecessary stress and potential financial loss for beneficiaries. The Supreme Court’s grant is the only mechanism that formally vests the deceased’s assets in the legal representation, making it a critical part of the probate process.

Scenarios Where Formal Probate May Not Be Necessary

Joint Ownership

It is important to understand that not all deceased estate matters demand formal court approval. Key exceptions include jointly owned property, where real estate held as joint tenants automatically passes in full to the surviving owner. This process requires only a simple survivorship application to Landgate, not formal probate. Similarly, funds held in joint bank accounts are typically transferred to the surviving account holder upon presentation of a death certificate and proof of identity.

Low Value Assets

Low-value assets, which fall under the internal financial thresholds set by institutions, may also be released without a grant. Simple household contents and personal items usually do not need formal court approval, unless there is a major dispute. However, professional advice is essential for estate administration to prevent disputes over more valuable personal assets like jewelry, fine art, or vehicles.

Specialised Grants and Complex Estate Administration

Complex Grants Explained

In more complex situations, the standard application for probate may be insufficient or inappropriate, requiring a specialised grant from the Court. TLS specialises in handling complicated estate administration scenarios that necessitate these unique grants, ensuring the deceased’s estate is managed correctly.

Examples of Specialised Grants

We assist clients when the named Executor has predeceased the testator or is unwilling or unable to act (leading to a Grant of Administration with the Will Annexed). We also manage applications where no Executor was originally named, or where there is a delay or dispute necessitating temporary protection of the estate assets. Furthermore, we handle applications for Executors who lack legal capacity, are under 18, or live overseas.

Navigating Challenges in Wills and Estates

Resealing Foreign Grants

Another common complex scenario is the need to ‘re-seal’ a foreign grant of probate in Western Australia to give it legal effect here. If the deceased held assets in WA but probate was issued elsewhere, this procedure is required before any local assets can be dealt with. We manage this entire complex process, ensuring compliance with Australian legal standards and the specific rules of the Supreme Court of WA.

Disputes and Caveats

If a legal claim or challenge to the Will is underway, or if an interested party lodges a caveat against the probate application, the process is immediately halted. Our firm possesses the litigation experience to address these disputes and, where necessary, secure an urgent grant to preserve the estate while the dispute is being resolved.

The TLS Approach to the Probate Process

Introductory Consultation and Assessment

Our dedicated team guides you comprehensively through every phase of the probate process and estate administration. Our commitment begins with a thorough consultation to confirm whether a grant of probate or administration is required for the deceased estate, and, if so, which specific type. We analyse all documents, including the Will (if one exists) and the asset portfolio.

Documentation and Court Lodgement

We meticulously prepare all required documentation, affidavits, and Supreme Court forms to ensure they are accurate and complete, minimising requisitions or delays from the Court. We then handle the entire process of lodging the application with the Supreme Court of WA and liaise with the Court until the official Grant of Probate is issued.

Executor Duties and Post-Grant Administration

Advising the Executor

Crucially, we don’t stop once the probate is granted. The Executor still faces the significant task of final estate administration. If required, we provide ongoing advice on the practical steps of administering the estate under the authority of the probate grant, including asset collection, sale, transfer, payment of liabilities, and final distribution to the beneficiaries.

Estate Administration Support

We can step in to assist with or manage the entire administration process, offering true peace of mind to the Executor.

Why Choose a Dedicated Probate Lawyer?

Experience and Efficiency

While it is technically possible to apply for probate without legal representation, the Supreme Court process is highly specific and unforgiving of errors. Our firm, led by a Wills and Estates accredited specialist, Natale Ricciardi, ensures your application is “Court ready” from day one, drastically cutting down on the time it takes to receive the grant and begin executing a Will.

Risk Mitigation

We identify and manage potential issues that could derail the application, such as ambiguities in the Will, missing beneficiaries, or foreign asset complications. This proactive approach ensures a faster and smoother transfer of the estate’s assets to those entitled to them, reducing the risk of personal liability for the Executor.

Grant of Probate: The Critical Final Step

The Legal Authority

The official Grant of Probate is more than just a piece of paper; it is the legal instrument that unlocks the deceased’s assets and formalises the Executor’s power. It is the Supreme Court’s official recognition that the Executor has the sole right to deal with the estate in Western Australia.

Distribution and Discharge

Once the Grant is received and the estate administration is complete, we assist in the final steps of distribution, ensuring the Executor is properly discharged from their duties and the beneficiaries have received their entitlements. This provides a clear, legally sound conclusion to the entire process.

Secure Your Peace of Mind with an Experienced Probate Lawyer

The responsibility of executing a Will or managing an intestate estate can be a heavy burden during a period of mourning. Choosing TLS means partnering with an experienced team that reduces your stress and secures the timely, correct conclusion of the probate and estate administration procedure. Our proven experience in complex Western Australian probate law and our commitment to clear communication ensures you are never left in the dark.

Need help applying for probate or letters of administration?

Let’s talk. Contact us about our professional Probate and Estate Administration services today.

Other types of grants we handle

For more complex situations, some estates may need more than a standard probate or administration grant. TLS can help you apply for specialised grants when:

• There’s a valid Will, but the named Executor has passed away or can’t act
• No Executor was named in the Will
• There’s a delay or dispute and the estate needs to be protected in the meantime
• The person managing the estate becomes unwell or passes away before finishing the job
• A legal claim or challenge is underway and someone needs temporary authority to act
• The original Executor is under 18 and a temporary appointment is needed
• The Executor or Administrator lives overseas or lacks capacity
• A grant was issued in another state or country and needs to be recognised in Western Australia

We’ll talk you through what’s required and manage the entire process with clarity and care.