Probate Application
Navigating probate can be complex and overwhelming during a difficult time. A proper probate application ensures your loved one’s estate is administered smoothly and in accordance with their wishes. TLS provides experienced guidance tailored to your specific circumstances.
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Probate Application In WA: Your 6-Step Guide | TLS Law
Understanding Probate
What is Probate?
If you have recently lost someone, you may have been told you need a Grant of Probate. But what is Probate, and what does Probate mean for you practically?
In Western Australia, Probate is a specific legal document issued by the Supreme Court of Western Australia. It confirms that the Will is valid and is the final version left by the deceased and that the person named as Executor has the legal authority to manage the estate.
Without this seal of approval from the Court, most asset holders, such as banks, share registries, and Landgate, will refuse to release or transfer assets. Obtaining a Grant of Probate is the key that unlocks the estate so you can pay debts and distribute the remaining assets to beneficiaries.
Understanding Your Situation
Guiding You Through Probate With Confidence
Probate can be a complex and emotionally challenging process, but it doesn’t have to be overwhelming. Being an Executor is a fiduciary duty, meaning you must act in the best interests of the beneficiaries at all times. At TLS, we guide Executors through every stage, from preparing the application, to applying for Probate to distributing the estate in accordance with the Will.
Is This You?
No Matter What Stage You Are At, We Can Help
Acting as an Executor can be challenging, particularly during an emotional time. We help simplify the Probate process, providing practical support from the initial application through to estate administration.
A Loved One Has Recently Passed Away
You need to manage the legal process of administering their estate and distributing assets to beneficiaries.
You've Been Named as Executor
The deceased’s Will names you as executor, and you need guidance on your legal duties, timelines and responsibilities.
There Is No Valid Will
The deceased passed away without a Will, and you need to apply for Letters of Administration to manage the estate.
The Estate Includes Complex Assets
Property, business interests, superannuation or assets held in trusts require careful handling during the probate process.
You're Facing a Contested Will
A beneficiary or family member is challenging the Will, and you need legal support to resolve the dispute during probate.
You Need Help With Court Requirements
The probate application involves court filings, asset valuations and legal documentation that feel overwhelming to navigate alone.
Our Process
A Supportive Process Tailored to Your Needs
Legal matters can often feel overwhelming. Our transparent process keeps you informed from start to finish, providing clear advice, practical guidance and dedicated support every step of the way.
Introductory Consultation
This first meeting is for us to meet with you to discuss the estate, answer any questions you may have, provide legal advice and discuss next steps. The cost of this first meeting is $330 (inclusive of GST).
Preparing Drafts
Once you have agreed to the terms outlined in the costs agreement and transferred our anticipated fees into our law practice trust account, we will begin preparing the documents necessary for the Probate application. When these documents are ready, we will send you drafts for you to review.
Sign-Up
Once you are satisfied these documents accurately reflect your instructions, we can arrange a second meeting, which we call a 'Sign-Up'. In this meeting, we will go over each of the documents with you, in plain language, answering any questions you may have. Once you are satisfied, we will then sign and witness these documents and will file the application for Probate with the Supreme Court of Western Australia.
Resolution & Support
Once we have received the grant of Probate, this will be available for collection from our office. We are here to help should you require further assistance with administering the estate, lodging Transmission or Transfer of Land Applications with Landgate.
Key Considerations
Important Factors to Consider When Applying for Probate
Not Sure Where to Start?
Every legal matter is different. Tell us about your circumstances, and we'll help you find the right legal solution.
Confirming the Validity of the Will
Ensure the deceased's Will meets the legal requirements for a Probate application.
Understanding Executor Responsibilities
Executors have important legal duties throughout the estate administration process.
Preparing Required Documentation
Accurate and complete documentation helps avoid unnecessary delays in obtaining Probate.
Identifying Estate Assets
Understanding the estate's assets and liabilities is essential before administration begins.
Meeting Legal Requirements
Complying with Court procedures and deadlines helps ensure a smoother Probate process.
Seeking Professional Guidance
Expert legal advice can simplify the process and provide confidence at every stage.
Common mistakes to avoid
Navigating Probate with Confidence.
Many probate applications face unnecessary delays and rejections due to avoidable errors. Understanding common pitfalls can save time, reduce costs, and prevent emotional stress during an already difficult period. Some common mistakes Executors often make include:
- Filing Incorrect Court Forms
- Missing Asset Valuations
- Ignoring Outstanding Debts
- Failing to Notify Beneficiaries
- Misinterpreting the Will
- Skipping Professional Legal Help
Frequently Asked Questions.
After meeting with you, we will prepare the application for Probate. This can be finalised in under 2 weeks. Once this is ready we will file the application with the Supreme Court of Western Australia which typically take 6-8 weeks to grant Probate.
While it is possible to apply for Probate yourself, professional legal guidance can help navigate complex estates, tax obligations, and ensure all legal requirements are met.
To apply for Probate, we will require the original Will of the deceased along with the original Death Certificate and a statement of the deceased’s assets and liabilities.
If you are unsure how to prepare the statement of assets and liabilities our team will assist you with this.
When someone passes away without leaving a valid Will, then Letter of Administration is required to manage and distribute their estate. This is a legal document, granted by the Court, which authorises a personal representative to handle assets, settle debts, and ensure the estate is distributed according to the rules of intestacy.
Yes, if an Executor is found to be dishonest, unfit, or is causing unnecessary delays that impact the estate, the beneficiaries can apply to the the Supreme Court of Western Australia to have them removed and replaced.
Being an Executor is a fiduciary duty, meaning you must act in the best interests of the beneficiaries at all times. Your core Executor Duties include:
– Locating the original Will
– Arranging the funeral (if not already done)
– Applying for the Grant of Probate
– Determining the value of the estate
– Paying all taxes, including the deceased’s final tax return
– Distributing the assets as specified in the Will
TALK TO A LAWYER
Looking for clear and personal advice?
Whether you are planning ahead, managing a deceased estate, or dealing with an estate dispute, our team is here to provide clear, practical and compassionate legal advice.
