WHAT IS THE PROBATE PROCESS IN PERTH

Because it is necessary for an executor to be able to obtain title to the Deceased's property in order to collect and protect it for the benefit of the beneficiaries.

It is important to note that you can only make an application for a Grant of Probate or Letters of Administration in the Supreme Court of Western Australia if there are assets in Western Australia. If you have money and/or property in different states of Australia or in another country, you may need to seek legal advice.

It's not always necessary to make an application for probate or Letters of Administration if:

Property (such as a house, bank account or shares) is jointly owned;

The only assets held by the deceased are

It is important to note that the right to be an exectuor comes from Will itself, not the Grant of Probate. The Grant simply legitimises it. This means that from the time a person dies until the Grant is made the named executor can still attend to things such as arranging the funeral, cleaning and securing the house, dealing with the funeral directors etc. However, it is wise to be aware of the sensitivities of taking actions to the exclusion of other family members, particularly if there is any doubt about the validity of the will (and thus your right to be an executor).

Quite often, it is the case that the named executor is the spouse of the deceased and is in no fit state psychologically to deal with these issues. Quite often another family member or family friend assumes this role. This can have repercussions later because the funeral undertakers require someone to sign for the funeral expenses and they call this person the “executor”. They also notify the cemetery that this person is the executor. When disputes arise, for example between the second wife and children from the first marriage as to the contents of the headstone, or location of burial it can happen that this “executor's” wishes are given preference by the funeral home.

The only legal executor is the person named in the will and/or the person who is granted letters of probate.

Obtaining a Grant of Probate or Letters of Administration is usually done in one of three ways:

A Grant cannot be applied for until at least 14 days after the death of the Deceased. If the will provides that the named executor must survive the deceased by 28 or 30 days (as is often the case) then that period must also expire before that executor can apply.

See our list of required information for a guide as to the information required.

Obtaining Letters of Administration is more difficult than getting a Grant of Probate because you have to “clear off” any potential beneficiaries. This means satisfying the Probate office who the persons are that are entitled under Section 14. You will also need to obtain the written consents of any other person who is entitled in the estate. This can lead to disputes as to who should apply.

Because of these difficulties it is always recommended that people in “blended families” or in a de facto relationship have a will.

It currently takes about 3-4 weeks for a Grant of Probate or Letters of Administration to issue from the Probate Office if there are no problems.

Visit www.landgate.wa.gov.au/corporate.nsf/web/How+to+guides+for+changing+details+on+a+title for more information & relevant forms regarding dealing with property.

Please contact Perth Probate Solicitors if you require more information about our Probate services or would like to make an appointment with one of our solicitors.