Whether you need a grant of probate in Western Australia depends on the type of assets the deceased owned, not on the size of the estate as a whole. A grant is the Supreme Court order confirming who has authority to deal with those assets and it’s needed if an asset holder won’t release or transfer an asset without one. In practice that means solely owned real estate or a refundable accommodation deposit paid to an aged care home and bank or share holdings above each institution’s threshold.
When a grant is always needed
Western Australian real estate held in the deceased’s sole name, or as tenants in common, always needs a grant. Tenants in common each hold a separate share and that share passes under the owner’s own Will. Landgate, the WA land titles registry, won’t register a transfer out of a deceased proprietor’s name without one and a transmission application, which is the Landgate form that moves the title into the name of the executor, can’t be lodged until the grant has issued.
When it depends on the amount
Banks and share registries each set their own threshold. If the assets are above that threshold, they’ll want to see a grant before they’ll release anything.
| Institution | Published threshold, above which a Grant is required |
|---|---|
| CommBank | $100,000 or more |
| Westpac | $100,000 or more |
| NAB | $100,000 or more |
| ANZ | $100,000 or more |
| Bendigo | $100,000 or more |
Share registries are less consistent. MUFG Corporate Markets publishes a threshold of $15,000 and says the issuing company can set a higher one. Computershare publishes both $25,000 and $50,000. The practical answer is that the limit is set by the company whose shares they are, it commonly sits between $15,000 and $50,000 and you’ll have to check the specific holding.
When you probably don’t need one
A grant usually isn’t needed if everything the deceased owned falls into one of these categories:
- assets held as joint tenants, meaning owned together with no separate shares, which pass automatically to the surviving owner by survivorship rather than under the Will. See Joint tenants and tenants in common;
- superannuation paid to a nominated beneficiary rather than to the estate;
- life insurance paid to a nominated beneficiary;
- bank accounts below the bank’s threshold, which the bank will release on its own forms and an indemnity; and
- personal effects, which don’t need a grant to change hands.
Probate or Letters of Administration
If the deceased left a valid Will and named an executor who is willing to act, the grant is a Grant of Probate. If there’s no Will, the grant is Letters of Administration. If there’s a Will but no executor who can act, it’s Letters of Administration with the Will Annexed.
They do the same job; what differs is who applies and what evidence the Court needs to see. See What is Letters of Administration? and Letters of Administration with the Will Annexed.
Frequently asked questions
Does a small estate need probate?
Usually not, if there’s no Western Australian real estate in the deceased’s sole name and the accounts sit under each bank’s threshold. The value of the estate as a whole isn’t the test. A $2 million estate held entirely in joint names with a surviving spouse may need no grant at all and a $60,000 estate with a half share in a house will.
Do I need probate if everything was jointly owned?
No, if the property was held as joint tenants. The surviving owner takes it by survivorship and the deceased’s name comes off the title on a survivorship application, which doesn’t need a grant. If the property was held as tenants in common, the deceased’s share forms part of the estate and a grant is needed.
What if one bank wants a grant and the others don’t?
You need a grant. One asset holder insisting is enough, because there’s no way to deal with that asset without it. It’s worth writing to every institution first so you find out before you apply rather than after.
Can I find out without ringing everyone?
Our Do you need a Grant? page asks a few questions about what the deceased owned and tells you which application, if any, you need.
Finding out where you stand
We tell executors and next of kin whether a grant is needed and if so, we prepare and lodge the application. Our fixed prices are published, so you know what it costs before we start.
Call the probate team on (08) 9220 4490 or answer a few questions on our Do you need a Grant? page.
Related: What is probate in Western Australia?
This article is general information and not legal advice. Bank and registry thresholds change and each institution keeps a discretion to require a grant below its published figure.
