Probate & 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.

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.

How TLS can help

Our team is here to guide you through every step of the process, including:

• Confirming whether a grant is required — and which type
• Preparing all required documents and court forms
• Lodging the application with the Supreme Court of WA
• Providing you with the official grant once issued
• Advising you on administering the estate

(For full estate administration, click on our Deceased Estates service page)

Need help applying for probate or letters of administration?

Let’s talk.