Deceased Estates in Perth

Administering an estate after a loved one dies can be complex, overwhelming, and emotionally draining. When facing the responsibility of managing the legal and financial affairs of the deceased, having clear, professional guidance is essential. At TLS, we help executors and administrators carry out their legal responsibilities with confidence, care, and clarity, ensuring the estate is properly managed and distributed as intended. If you are seeking practical and compassionate support, a professional deceased estate lawyer from our team is ready to guide you through this critical process.

Whether you need support with the entire process or just specific tasks, we tailor our service to meet your needs and reduce stress.

Why You Need Experienced Probate Lawyers in Perth

Dealing with a deceased estate requires navigating complex laws regarding assets, liabilities, taxation, and beneficiary distributions. Our specialisation means we understand the nuances of Western Australian estate law, particularly concerning Wills and estate matters. Our experienced Perth-based practice focuses entirely on providing strategic, results-driven support, helping you avoid common pitfalls and delays in the process.

We provide comprehensive legal support for all aspects of estate administration, ensuring compliance with the Supreme Court of Western Australia’s requirements and protecting your interests as the administrator.

The Two Paths: Applying for a Grant of Probate or Letters of Administration

The estate administration process formally begins with an application to the Supreme Court of Western Australia. The required application depends on whether the deceased left a valid Will.

Understanding the Grant of Probate Application Process

A Grant of Probate is the official document issued by the Court that legally confirms the validity of the deceased’s Will and formally authorises the Executor named within it to manage the assets and liabilities of the estate. The process of obtaining probate is non-negotiable for most larger estates.

The application involves preparing several detailed documents, including an affidavit, inventory of assets and liabilities, and notices. We can handle the entire process of lodging the application for a Grant of Probate on your behalf, liaising directly with the Court to ensure all documentation is accurate and compliant. Securing a grant of probate is often the first major hurdle for an executor and is necessary before banks and other asset-holders will release funds or property. We streamline the initial application for probate to expedite access to assets.

Navigating Court Requirements for Probate

Lodging an application for probate requires absolute accuracy. Any discrepancies in the inventory of assets, liabilities, or the execution of the Will can lead to delays or the refusal of the application. We ensure your application for probate meets all statutory requirements.

The Complexities of Intestacy and Letters of Administration

If the deceased passed away without a valid Will (known as dying intestate), or if the named executor is unable or unwilling to act, an application for Letters of Administration must be made. This process is more complex because the Court must determine who is legally entitled to manage the estate, based on the laws of intestacy in WA.

The recipient of the Letters of Administration, the administrator for deceased estate, must then distribute the estate according to a specific legal hierarchy rather than the deceased’s wishes. This is why having current, professionally drafted Wills is so vital for every individual.

Comprehensive Estate Administration Support

Our core service is practical, step-by-step support for executors and administrators. We break down the process into manageable tasks, making sure you are always clear on your duties and obligations.

The Critical Role of Clear Wills in Succession

The presence of a clear and current Will simplifies the administration process immeasurably. A poorly drafted, invalid, or outdated Will can lead to significant delays and expensive legal disputes. Our experience extends to reviewing the validity of existing Wills during the administration phase and ensuring they are interpreted correctly to fulfil the deceased’s final intentions. Without proper Wills, the control is taken out of the family’s hands.

Identifying and Valuing Estate Assets

Before distribution, every asset within the deceased estate must be identified, valued, and secured. This includes bank accounts, shares, real estate, and personal belongings. We guide executors through this meticulous process to ensure nothing is overlooked.

Ongoing Management of Estate Assets and Investments

The executor’s role extends beyond identification to the active management of assets until distribution. This can involve selling shares, maintaining rental properties, or managing investment portfolios. We provide legal guidance to ensure these actions are taken correctly under the authority of probate.

Financial Transparency: Preparing Accounts and Distribution Plans

To finalise an estate, the executor must often provide informal or formal accounts to beneficiaries. We assist clients by:

• Giving clear, practical advice on your duties and obligations as Executor or Administrator.
• Taking care of specific legal or administrative tasks on your behalf.
• Preparing informal accounts and plans of distribution for beneficiary approval.
• Preparing and filing formal accounts with the Supreme Court, if required for transparency or finalisation of the estate.

Managing Debts and Liabilities of the Deceased

A critical duty before any distribution occurs is settling all outstanding debts, including funeral costs, taxes, and bills. We provide advice on the proper procedure for identifying and paying these liabilities.

Minimising Costs During Administration

Some tasks can be handled by the executor directly to reduce costs. We’re happy to guide you through what you can do yourself, and step in where you need support, such as completing the complex applications for probate. We advise on cost-effective strategies throughout the administration period.

Navigating Assets: Landgate Applications & Property Transfers

A significant portion of estate administration involves dealing with real estate. If the deceased owned real estate in Western Australia, TLS can help you complete the necessary Landgate applications to transfer or deal with that property.

Survivorship Applications for Jointly Owned Property

For property owned jointly with another person (as joint tenants), survivorship applications can be used to remove the deceased’s name from the certificate of title. This process bypasses the need for probate for that specific asset.

Transmission Applications after Probate or Letters of Administration

For property owned solely by the deceased or as tenants in common, transmission applications are required to register the executor or administrator on the title. This allows them to sell or transfer the property. This application can only be lodged after the Grant of Probate or Letters of Administration has been issued.

Transfers of Land to Beneficiaries as per Wills

After the executor or administrator registers the title in their name, they must file a land transfer to give the property to a beneficiary. This process must be followed regardless of whether it was specifically left to them in the Will or is part of their overall share of the estate.

Other Property-Related Services

We also assist with related Landgate and property matters, including:

• Change of name applications
• Vesting applications
• Registering or removing caveats
• Registering mortgages.

Guidance on Duties as an Administrator for Deceased Estates

A person managing the estate must take on significant responsibilities. Once a grant has been issued, the core duties include:

• Taking control of all assets (bank accounts, shares, real estate).
• Safeguarding and managing those assets during administration (e.g., insuring or renting property, moving funds to interest-bearing accounts).
• Paying debts and expenses (e.g., funeral costs, outstanding bills, taxes).
• Distributing the remaining estate according to the Will, or if no Will exists, under WA’s laws of intestacy.

The Executor’s Responsibility in Estate Management

The executor bears the full legal responsibility for administering the deceased estate correctly and ethically, often under the close scrutiny of beneficiaries.

Protecting Assets Before Grant of Probate

Even before the formal issue of probate, executors have a duty to protect the estate’s assets, often requiring urgent steps to secure property or obtain insurance.

Estate Tax Obligations and Compliance

The executor must address any outstanding tax matters for the deceased and the estate itself. We provide guidance on tax compliance related to the administration of the deceased estate.

Formal Notification and Communication with Beneficiaries

Throughout the process, executors have a duty to keep beneficiaries informed. We advise on the proper timing and method for formal communications regarding the progress of probate and the administration process.

The Final Distribution Phase

The distribution of the estate can only proceed after debts are settled and the assets are fully realised and protected.

Obtaining Final Releases and Indemnities

To formally close the estate, executors often require beneficiaries to sign release documents, confirming receipt of their entitlements and indemnifying the executor against future claims. We prepare and manage these crucial final documents.

Disputed Wills and Preventing Future Litigation: A Key Aspect of Estate Planning

Even the best-prepared estates can face challenges. We provide strategic advice on contested deceased estates and how to manage claims arising from inadequate family provision or questions regarding the deceased’s capacity when creating their Will. While we focus on non-contentious estates, our knowledge in this area helps us advise executors on how to mitigate risks and resolve disputes before they escalate into costly litigation. Proper initial drafting of Wills and estate documents is the strongest form of prevention.

Reviewing the Validity of the Will

Before lodging the application for probate, we undertake a thorough review to anticipate and address potential challenges to the validity of the Will.

Addressing Assets Held in Trusts

Many modern Wills interact with family trusts. We provide specialised advice on how the assets and liabilities held in a trust are treated upon death, and whether they form part of the deceased estate requiring probate, or pass independently.

You Don’t Have to Do It Alone

Estate administration can feel like a lot, especially when you’re still grieving. TLS provides practical, step-by-step legal support to make sure everything is handled properly, with care and professionalism. We manage the burden so you can focus on yourself and your family.

Need help administering a deceased estate?

Let’s talk about how our experienced team can support you.