Letters of Administration
Supporting you to obtain a grant of Letters of Administration
If a Deceased person held assets in Western Australia at the date of their death, such as real estate, bank accounts and shares in their sole name, a grant of probate or a grant of letters of administration may be required to deal with their assets.
If the Deceased person died without leaving a Will, a person entitled to a share of the Deceased person’s estate under the Administration Act 1903 (WA) may need to apply to the Supreme Court of Western Australia for a grant of letters of administration.
Other types of grants
In some circumstances, a more complex grant may be required to deal with a Deceased person’s assets. For example:
- Letters of administration with the will annexed – granted where the Deceased person’s Will does not name an Executor, or the named Executor is unable or unwilling to apply for a grant of probate.
- Letters of administration ad colligendum bona – granted for protection of the Deceased person’s assets pending delay in making a grant.
- Letters of Administration de bonis non: granted where an Executor or Administrator dies prior to completing administration of a Deceased person’s estate.
- Letters of administration pendente lite – granted to permit administration of the Deceased person’s estate to continue while litigation of a claim is on foot.
- Letters of Administration durante minore aetate: granted where the Executor is under the age of 18 years and an Administrator is required until the Executor attains the age of 18 years.
- Letters of Administration ad litem – granted to provide authority to a person to represent the Deceased person’s estate in litigation.
- Letters of administration durante absentia: granted where an Executor or Administrator resides outside the jurisdiction of the Deceased person’s estate.
- Letters of administration durante dementia: granted where an Executor or Administrator does not have the capacity to complete administration of the Deceased person’s estate.
- Resealing of foreign grants of probate or grants of letters of administration – where a grant has been made in another jurisdiction and the Deceased person holds assets in Western Australia that require a grant to deal with such assets.
Applying for a grant
An application to the Supreme Court of Western Australia for a grant generally requires:
- A notice of motion;
- An affidavit of the applicant of the grant;
- A statement of the Deceased person’s assets and liabilities as at the date of their death;
- The death certificate of the Deceased person; and
- The consent of any other persons entitled to apply for a grant.
An application for the other grants outlined above may have additional requirements.

When a grant may not be required
In the following circumstances, a grant may not be required to deal with a Deceased person’s assets:
- The Deceased person owned real estate as a joint tenant with another person. In this circumstance, the Deceased person’s interest in the real estate ceases upon their death and the surviving joint tenant’s interest is enlarged. The surviving joint tenant may lodge a ‘survivorship’ application with Landgate to remove the Deceased person from the certificate of title of the real estate.
- The Deceased person held a bank account jointly with another person. As above, the Deceased person’s interest in the bank account ceases upon their death and the surviving joint account holder’s interest is enlarged. The surviving joint account holder may produce the death certificate of the Deceased person to the bank to remove the Deceased person from the bank account.
- The Deceased person’s only asset is a nominal bank account. Some banks may allow you to deal with the Deceased person’s bank account without a grant if the balance of such account does not exceed their threshold amount.
- The Deceased person’s only assets are household chattels and personal effects.
How we can help you
Our experienced team at TLS may assist you by:
- Ascertaining whether a grant is required to deal with a Deceased person’s assets and if so, which type of grant is required;
- Obtaining all requisite information to prepare the application for a grant and preparing such application;
- Arranging for the application for a grant to be signed by you and filed with the Supreme Court of Western Australia;
- Providing you with the grant once it has been issued by the Supreme Court of Western Australia; and
- If requested, advising you regarding the administration of the Deceased person’s estate. Please refer to Deceased Estates services page.