Probate
Specialising in complex probate applications (including Foreign Wills)
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 leaving a Will, the Executor named in the Will may need to apply to the Supreme Court of Western Australia for a grant of probate.
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 may be able to help
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.