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What is Probate?
Probate is the process that you are required to go through when someone has died, leaving a will that names you as their executor.
It involves making an application to the courts that proves that the person leaving the will is in fact deceased, their will is valid, and the person who is making the application is the executor.
If these facts are proven, the Court will grant probate, meaning the permission to deal with the deceased’s estate in accordance with the will.
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Lifecare Law
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Fremantle WA 6160
Frequently Asked Questions
What do I do after someone dies?
The loss of a loved one is a difficult time in a person’s life. Often the strong emotions and grief make it difficult to deal with some of the practical and legal steps that should be taken.
When arranging a funeral, it is generally prudent to take the following steps:
- Notify close family members of the passing of the deceased.
- Notify any employer of the deceased.
- Notify any banks which the deceased had accounts with including any credit cards or loan accounts.
- If the deceased has been receiving benefits from the Government, contact Centrelink and advise them of the passing of the deceased.
- Collect important documents of the deceased including:
- bank statements;
- share certificates;
- car registration papers;
- insurance details – home, health and car;
- store any small valuable items such as jewellery and watches if the deceased’s house will be empty during this time.
- After the funeral, you will be provided with a death certificate. Make sure you keep it in a safe place.
- Locate and store any Will or other documents which appear to be testamentary in nature. This means every document including any note the deceased made before their death concerning the distribution of their property should be kept in a safe place.
- After 21 days you are able to apply for a Grant of Probate (if there is a Will) or Letters of Administration (if you are the spouse or next of kin of the deceased).
What is a Grant of Probate?
A Grant of Probate is a document issued by the Supreme Court of Western Australia that formally provides an Executor named in a Will the power to administer the deceased estate.
What is a Grant of Letters of Administration?
A Grant of Letters of Administration is a document issued by the Supreme Court of Western Australia that formally provides a spouse, sibling, parent or other next-of-kin the power to administer the deceased estate when the deceased has not made a Will.
What is a deceased estate?
What is not included in a deceased estate?
Property which is owned as joint tenants by the deceased and another person does not form part of the deceased estate because it automatically transfers (at law) to the other joint tenant by reason of the right of survivorship.
Depending on the age of the deceased, superannuation will not form part of the deceased estate.
Insurance payments – typically if the deceased had life insurance, either as a separate policy or automatically as part of their superannuation, then the insurance payout may not be given to the deceased estate but rather directly to any beneficiaries of the deceased.
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How do I apply for a Grant of Probate or Letters of Administration?
You must prepare and execute a Motion and Affidavit and lodge those documents in the Supreme Court of Western Australia. The application needs to be accompanied by the original death certificate, and a copy (so that the Registry can certify the copy and return the original death certificate to you).
How much does it cost to get a Grant of Probate or Letters of Administration?
We generally fix our fees for making an application for a Grant of Probate or Letters of Administration.
A typical application for a Grant of Probate costs in the region of $3,000 to $5,000. A typical application for a Grant of Letters of Administration costs in the region of $4,000 to $6,000.
Generally, we do not require any upfront payment as the legal costs to apply for a Grant of Probate or Letters of Administration are payable by the estate.
Depending on the matter and the size of the estate, we may ask you to pay the Supreme Court of Western Australia filing fees which, as of 1 July 2019, are $370.