To apply for probate in Western Australia you’ll need the original Will, the death certificate and a full picture of what the deceased owned and owed at the date of death. You’ll need to file an application with the Supreme Court on affidavit, meaning on a written statement you swear or affirm is true. Probate is the Court’s order confirming that you can deal with the deceased’s assets.
Step 1: find the original Will
The Court needs the original document with the original signatures. A photocopy or a scan isn’t enough.
If you can’t find it, check with the deceased’s lawyer, their bank’s safe custody and search their filing cabinets. If it’s genuinely lost, you can apply to prove a copy, but that application requires evidence that the deceased didn’t destroy the original with the intention of revoking it. See I can’t find the original Will.
Step 2: get the death certificate
The certificate you need is the one issued by the Registry of Births, Deaths and Marriages, not the cause of death certificate the doctor or hospital issues. The funeral director usually registers the death and the certificate follows two to three weeks later.
Step 3: work out what the deceased owned and owed
This is usually the step that takes the longest. You need every asset and every liability as at the date of death, valued as at the date of death rather than today.
Write to each of these and ask for a date of death balance or valuation:
- every bank the deceased held an account with, including accounts you think are closed;
- every superannuation fund and ask whether the deceased left a binding death benefit nomination telling the fund who to pay;
- every share registry and ask for a holding statement;
- Landgate, for a title search on any Western Australian property; and
- any life insurer and ask who the nominated beneficiary is.
Then the liabilities: mortgages, credit cards, personal loans, tax, rates and any money owed to family.
The asset list is a sworn statement filed at the Court, so it has to be accurate.
Step 4: check what’s actually in the estate
Not everything the deceased touched forms part of the estate, which is the pool of assets the executor collects in and hands on under the Will. Property held as joint tenants, meaning owned together with no separate shares, passes straight to the surviving owner by survivorship without going through the estate at all. Superannuation paid to a nominated beneficiary never enters the estate. Life insurance with a nomination is the same.
| Asset | In the estate? |
|---|---|
| House in the deceased’s sole name | Yes |
| House held as joint tenants | No, passes by survivorship to the surviving joint tenant |
| House held as tenants in common | The deceased’s share only |
| Bank account in sole name | Yes |
| Joint bank account | No, passes to the surviving joint tenant |
| Super with a binding nomination to a person | No |
| Super with no nomination or paid to the estate | Yes, if the trustee pays it to the estate |
| Life insurance with a nominated beneficiary | No |
See Joint tenants and tenants in common.
Step 5: file the application
The application is made on affidavit to the Registrar, the Supreme Court officer who decides applications for grants. The original Will and death certificate are filed with it.
The Court charges a filing fee of $418. See What does probate cost in Western Australia?
Step 6: deal with any requisition
If the Registrar isn’t satisfied with something, the Court issues a requisition, which is a written query that has to be answered before the grant will issue. The Court registry staff can’t give you advice about what a requisition means, so if you receive one the Court will recommend you seek legal advice.
A requisition isn’t a refusal, it’s simply the Court asking for more information.
Frequently asked questions
Can I start before the death certificate arrives?
Yes, and you should. The asset and liability searches can take a long time. Most executors have the searches running while they wait.
What if I get the asset values wrong?
The statement is sworn, so if there is a substantial error you should correct it by swearing and filing a supplementary affidavit.
Do all the executors have to apply?
No. If the Will names several executors, one or more can apply and the others can reserve their right to apply later or renounce, which means signing out of the role for good. Reserving leave keeps the door open to apply later.
What if there’s no Will?
The application is for Letters of Administration, which is the grant that gives the deceased’s next of kin the same authority an executor would have had, rather than for probate. The requirements differ, including consents from others entitled to apply. See What is Letters of Administration?
If you would rather not do it yourself
We prepare the application, witness you sign it and lodge it at the Court. We prepare these applications every day, so we’re able to anticipate the Court’s questions and avoid requisitions the Court may raise. Our fixed prices are published, so you know what it costs before we start.
Call the probate team on (08) 9220 4490 or see our Grant of Probate page.
Related: What is involved in applying for probate yourself?
This article is general information and not legal advice.
