Probate in Perth: Your 6-Step Guide to Applying for a Grant (Without the Headaches)

Losing a loved one is one of life’s most difficult experiences. Amidst the grief, the immediate pressure to manage their financial affairs can feel overwhelming. You may have heard the term “probate” thrown around, but knowing exactly what it entails, and where to start, is rarely straightforward.

TLS are probate lawyers in Perth. We often see executors paralysed by the fear of making a mistake. The good news? While the process is formal, it doesn’t have to be chaotic.

This guide breaks down the application process in Western Australia into six manageable steps, helping you navigate the system with clarity and confidence.

What is Probate?

Probate is the legal process of proving that a deceased person’s Will is valid and confirming the authority of the executor (the person named in the Will) to administer the estate.

Once approved, the Supreme Court of Western Australia issues a document called a Grant of Probate. This grant is the “key” that unlocks the deceased’s assets, allowing you to access bank accounts, sell property, and distribute funds to beneficiaries.

Note: If there is no Will, the process is similar but is called applying for Letters of Administration.

Step 1: Obtain the Death Certificate

Before you can take any official legal action, you must prove the death has occurred. The original Death Certificate is the primary document required by the Supreme Court.

Action: If a funeral director is involved, they usually apply for this on your behalf. If not, you can apply directly through the WA Registry of Births, Deaths and Marriages.

Tip: Request multiple certified copies. You will need to send these to various organisations (banks, insurers, utility providers) who may not return them immediately.

Step 2: Locate the Will

You need the original Will to apply for probate – a photocopy is rarely accepted by the Court without a complex additional application.

Where to look: Check the deceased’s personal papers, safe deposit boxes, or contact their solicitor or public trustee.

The Check: Ensure it is the last Will they made. If you find a later version, the earlier one is generally invalid.

What if there is no Will? You will likely need to apply for Letters of Administration. This is where speaking to probate lawyers early is crucial, as the law dictates who can apply and who receives the assets.

Step 3: Identify and Secure Estate Assets

Your role as executor is to safeguard the estate. You cannot distribute anything yet, but you must identify what exists. This is often the most time-consuming phase.

Assets to list: Real estate, bank accounts, shares, vehicles, and personal effects.

Superannuation: Be aware that superannuation does not automatically form part of the estate. You may need to contact the fund directly to determine if there is a “binding death benefit nomination” in place.

Valuation: You will need to value these assets as at the date of death to prepare a precise inventory for the Court.

Step 4: Notify Key Institutions

Once you have the death certificate, you must notify relevant organisations to freeze accounts and stop ongoing expenses.

Who to call: Banks, utility companies (gas, electricity, phone), the ATO, and Centrelink/Department of Veterans’ Affairs.

Why this matters: Preventing automatic direct debits from draining the account preserves the estate’s value for the beneficiaries.

Step 5: Apply for Probate

This is the legal hurdle. In Western Australia, you must apply to the Supreme Court for a Grant of Probate.

The Paperwork: You will generally need to file a Motion, an Affidavit (a sworn statement by you), and a detailed Statement of Assets and Liabilities.

The Wait: After submitting your application and paying the filing fee, there is typically a processing period. If the Court has questions (requisitions) about the Will’s validity or your application, this can cause delays.

Expert Help: Many executors choose to hire a probate lawyer in Perth for this step to ensure the affidavit is drafted correctly the first time, preventing rejection by the Court.

Step 6: Administer the Estate

Once you hold the Grant of Probate, you effectively step into the shoes of the deceased.

Debts First: You must pay all funeral expenses, taxes, and outstanding debts before giving anything to beneficiaries. If you distribute money early and a creditor appears later, you could be personally liable to pay them back.

Distribution: Once debts are cleared and a final tax return is lodged, you can distribute the remaining assets according to the Will.

Do You Need a Probate Lawyer?

While it is possible to apply for probate yourself, the Supreme Court of WA has strict requirements. Small errors in the affidavit or asset list can lead to your application being rejected, delaying the administration and distribution of the estate.

You should strongly consider seeking advice from lawyers for probate if:

• The Will is damaged, unclear, or informal.
• There is a dispute among family members.
• The estate includes complex assets or business interests.
• You simply do not have the time or emotional capacity to handle the paperwork.

At TLS, we believe in clear advice and strong representation. We can handle the entire probate process for you, ensuring the estate is administered efficiently and compassionate support is provided when you need it most.

Probate Frequently Asked Questions

Does every estate need probate in WA? 

Not always. If the estate is small (often under $20,000 – $50,000 depending on the bank) or if assets like property are held as “joint tenants,” you may not need a formal grant. However, most banks will require probate for larger amounts to release funds safely.

How long does probate take in Perth? 

Once lodged, the Supreme Court of WA generally processes standard applications within a few weeks, though this varies depending on the Court’s workload. Gathering the information before you lodge often takes the most time.

What is the difference between Probate and Letters of Administration? 

Probate is used when there is a valid Will. Letters of Administration are used when there is no Will (intestacy), or the named executor is unable to act.

Need help navigating probate? Contact TLS Law today for a consultation with our experienced estate team in South Perth.