Deceased Estates
Assisting executors in the administration of non-contentious estates
Legal support for all aspects of
Deceased estates
At TLS, we are happy to support you with any of your legal requirements concerning Deceased estates.
Once a grant of probate or a grant of letters of administration has been issued by the Supreme Court of Western Australia (refer to Probate and Letters of Administration service pages), the Executor/Administrator of a Deceased’s estate may now attend to administration of the estate, including:
- Assuming control of all assets of the Deceased’s estate;
- In cases where it will take some time to administer the Deceased’s estate, safely maximising the assets, e.g., by renting out real estate on a short-term lease, investing money in interest bearing accounts etc.
- Paying all debts of the Deceased’s estate, e.g., funeral expenses, creditors, income tax, legal fees etc.
- Once all debts have been paid, distributing the remaining assets in accordance with the Will or the laws of intestacy.
How we can help you
Our experienced team at TLS may assist you by:
- Providing specific advice to you regarding your duties and responsibilities as Executor/Administrator of a Deceased’s estate and what is required to administer the estate.
- Completing on your behalf any tasks required to administer the estate. Please note, some tasks in administering the estate may be completed by the Executor/Administrator to minimise costs to the estate. However, we are commonly engaged by Executors/Administrators to assist with Landgate applications, further explained below.
- Once the administration of the estate is complete, preparing informal accounts of the estate and a plan of distribution for the beneficiaries’ approval.
- If required, preparing and filing formal accounts of the estate with the Supreme Court of Western Australia in accordance with Rule 37 of the Non-Contentious Probate Rules 1967 (WA).

Landgate Applications
Where a Deceased person was the registered proprietor of real estate at the date of their death, TLS may assist you in preparing and filing with Landgate the following applications:
- Survivorship Applications – Where a Deceased person is a registered proprietor with another person as joint tenants, the surviving joint tenant will be required to prepare and lodge with Landgate a survivorship application to remove the Deceased proprietor’s name from the certificate of title.
- Transmission Applications – Where a Deceased person is a registered proprietor in their sole name or with another person as tenants in common, the Executor/Administrator of the Deceased person’s estate will be required to prepare and lodge with Landgate a transmission application to become the registered proprietor in their capacity as Executor/Administrator. This will allow the Executor/Administrator to either sell the real estate or to transfer the real estate to the beneficiaries of the Will or in accordance with the laws of intestacy.
- Transfer of Land – Once the Executor/Administrator is the registered proprietor, the Executor/Administrator will be required to prepare and lodge with Landgate a transfer of land document if:
- The Deceased person’s real estate is specifically gifted to a beneficiary under the Will; or
- A beneficiary wishes to take the Deceased person’s real estate as part of their entitlement under the Will or the laws of intestacy.
TLS may also assist you with other general Landgate applications, including but not limited to:
- Change of Name Applications;
- Vesting Applications;
- Registering Caveats;
- Applications to remove Caveats; and
- Registering Mortgages.
If you are unsure whether TLS may assist you with your matter, please do not hesitate to contact us.