Executor of Estate


WHAT IS PROBATE?

If you have been named in a deceased person's Will as the nominated Executor of their Estate you may need to apply for a grant of Probate. Probate is the process of proving a deceased person's Will in the Supreme Court.

A grant of Probate may be required in the event that the deceased person held:

  • assets such as bank accounts, shares, real estate (including a retirement village lease for life) solely in their name.
  • real estate as tenants in common with another party

A grant of Probate may not be required if the deceased person held:

  • real estate as a joint tenant (eg. jointly with a spouse). In this case the title of the property can be transferred by way of survivorship.
  • bank accounts that are in joint names. These will normally be transferred to the surviving party on production of a death certificate to the bank.

HOW DO I APPLY FOR A GRANT OF PROBATE?

You must lodge your application at the Probate Office, this can be done personally or online.  It is preferrable to always seek legal assistance when making the application.

Advice must be sought from a lawyer if the deceased person did not have a Will, you only have a photocopy of the Will, there is no Executor appointed or the person nominated as the Executor is unwilling or unable to apply for Probate, or you as the nominated Executor are experiencing difficulty completing the application. 

In special circumstances where the value of the deceased person's Estate is minimal, the Senior Probate Officer may be able to assist in preparing the application.

Once Probate has been granted and a certificate and letters of probate have been issued, the bona fide Executor of the Estate can proceed to distribute the deceased person's assets in accordance with their Will.

FOR FURTHER INFORMATION CONTACT

Probate Office 

Supreme Court of WA
Level 14, 111 St Georges Terrace
PERTH WA 6000
Ph: (08) 9421 5152

Web:  www.supremecourt.wa.gov.au

Source: Government of Western Australia Department of the Attorney General