How to Apply for Probate in Western Australia Without a Lawyer
You can apply for probate in Western Australia without a lawyer. The Supreme Court of Western Australia does not require legal representation for standard uncontested probate applications. The process is procedural, not legal — it requires exact compliance with formatting rules, not legal argument. What stops most self-represented executors is not the law. It is not knowing which formatting details trigger a court requisition before they file.
This guide explains the complete process for a straightforward WA probate application using the Supreme Court's eCourts portal.
Before You Start: Confirm That Probate Is Actually Required
Not all WA estates require a Supreme Court grant. Before doing anything else, run this check.
If the deceased owned real estate in Western Australia: Conduct a title search via Landgate ($32.60). If the title shows "joint tenants" with a surviving person, probate is not required for that property — use an Application by Survivor instead. If the title shows "tenants in common" or sole ownership, probate is mandatory before Landgate will permit any transfer.
If the deceased had solely owned bank accounts: Contact each bank's deceased estate team. Major banks (Commonwealth Bank, Westpac, ANZ) typically release funds without probate if the balance is under $100,000, provided the executor signs an indemnity form. Some credit unions require probate for balances as low as $15,000–$25,000. Get the specific threshold in writing from each institution before deciding whether to file.
If the estate has no real estate and small bank balances under all bank thresholds: You may not need probate at all. Section 139 of the Administration Act 1903 (WA) allows authorized deposit-taking institutions to release funds to a widow or next of kin for funeral expenses or modest accounts without requiring a formal grant. The guide explores this in detail.
If any bank or Landgate demands a grant, proceed with the application.
The Five Documents You Need to Lodge
The Supreme Court of Western Australia requires five components for a probate application:
- Motion for a Grant of Probate — the formal request to the court
- Affidavit of Executor — your sworn statement identifying yourself, the deceased, and the estate's assets and liabilities
- Statement of Assets and Liabilities — itemized list of all assets and debts
- Original will — the physical, original document, not a photocopy
- Original death certificate — certified copy issued by BDM WA
If you are using the eCourts Probate Wizard (the simpler, guided pathway), the system generates the Motion and Affidavit templates from your answers. The Wizard works only for simple cases — if the will has any irregularity, if you are not the named executor, or if the will is unsigned or missing, you must prepare the documents manually.
Step 1: Order the Death Certificate
Apply to the Registry of Births, Deaths and Marriages WA for the certified death certificate. This costs $58 for standard processing or $102 with priority service. Order at least three certified copies — the Supreme Court requires the original, and banks and other institutions will each want their own certified copy. Keep extras in reserve.
The funeral director registers the death with BDM WA within 14 days of the service. You then apply separately for the certified certificate. It is not issued automatically.
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Step 2: Protect the Original Will
Retrieve the original will from wherever it is stored — the deceased's home, a solicitor's office, or a safe deposit box. Once you have it:
- Place it in a clear plastic sleeve
- Never unstaple it, fold it unnecessarily, or remove anything attached to it
- Do not make annotations on it
- Provide certified copies to anyone who asks; never hand over the original until lodgment
The Supreme Court physically inspects the condition of the original will. If it has staple holes, rust marks from paperclips, or clip indentations suggesting a document was once attached and removed, the Registrar will issue a requisition demanding an "Affidavit of Plight and Condition and Finding." This requires you to explain exactly when, how, and by whom those marks were made — and if you cannot explain them adequately, the validity of the will may be challenged. Protect the original from the moment you retrieve it.
Step 3: Register for the eCourts Portal
Go to the Supreme Court of Western Australia's eCourts Portal and create an account. Set up a notification email address — the Court communicates requisitions and updates through the system, and you need to check this regularly.
The Probate Wizard is the guided application tool for simple cases. It asks questions algorithmically and generates the required documents based on your answers. Use it if:
- You are the named executor
- The original will is available, signed, and witnessed
- The deceased held assets in Western Australia
- The application is uncontested
If any of these conditions is not met, you must prepare the Motion and Affidavit manually following the Supreme Court's format requirements.
Important: The eCourts system saves draft applications for only 60 days. If you start and then leave the application incomplete for more than 60 days, the data is permanently deleted. Start the application when you are ready to complete it within that window.
Step 4: Prepare the Executor's Affidavit
The Affidavit of Executor is where most requisitions originate. The Supreme Court mandates:
- Paper: White A4 only
- Font: Typed, minimum 12-point, black ink only. Never handwritten.
- Structure: All matters in sequentially numbered paragraphs
- Stapling: Top left corner only (this also applies to the will when lodged)
- Date of death: Must match the death certificate exactly. If the certificate says "found on" a date, the affidavit must say the deceased "was found dead on" that date. If the certificate shows a range, the affidavit must reflect the exact range. Any deviation triggers a requisition.
The affidavit must be sworn or affirmed — not just declared — before an authorized witness under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA). A standard statutory declaration (the kind used for everyday purposes) is explicitly rejected for probate applications in WA.
Authorized witnesses under the WA Act include:
- Justices of the Peace (JPs) — available at courthouses and some council offices
- Practicing solicitors with a current practice certificate for at least two years
- Public notaries
- Pharmacists
- Certain veterinary surgeons and university academic staff
You and the authorized witness must both sign your usual signatures at the bottom of every single page of the affidavit. The authorized witness must also sign the cover of the original will.
If you are interstate, a JP or pharmacist in your state qualifies — the WA Oaths Act categories are not geographically restricted to Western Australia.
Step 5: Complete the Statement of Assets and Liabilities
This document lists every asset and liability of the deceased. Assets must be segregated:
- Western Australia assets vs non-WA assets
- Movable property (bank accounts, shares, vehicles) vs immovable property (real estate)
Valuation rules:
- Real estate: Valued at market value close to the date of death — a formal valuation is typically required, not just a subjective estimate
- Shares and securities: Exact market price on the date of death (use the closing price from that specific trading date)
- Bank accounts: Balance at date of death
- Superannuation: Note whether it passes to the estate or directly to a nominated beneficiary — superannuation with a valid binding death benefit nomination to a person is not an estate asset and does not appear in this statement
Incorrect or imprecise asset descriptions are a common requisition trigger. The Statement must be exhaustive, accurate, and clearly formatted.
Step 6: Lodge and Pay the Filing Fee
The Supreme Court application fee is $408. This is charged regardless of whether you or a solicitor files. If you are experiencing genuine financial hardship, you can apply to reduce this fee using Form 2 (Application to Reduce Fee) — the guide details the criteria and process.
Lodge all five documents through the ECMS: the Motion, Affidavit, Statement of Assets and Liabilities, original will, and original death certificate. Keep certified copies of everything before lodging, as originals will not be returned until after the grant.
Step 7: Wait for the Grant — or Respond to a Requisition
Standard processing time at the Supreme Court of Western Australia is 3 to 6 weeks, assuming a clean application.
If the Registrar identifies any issue — formatting errors, unexplained will condition, ambiguous asset descriptions, wrong date of death wording, uncleared prior executors — a formal requisition is issued through the ECMS. You will receive a notification email.
You cannot fix a requisition by phone or letter. The only acceptable response is a formal supplementary affidavit that addresses the specific requisition, sworn again before an authorized witness, and lodged through the ECMS. Registry staff are legally prohibited from telling you what the error means or how to fix it. If the requisition is complex, this is the point at which engaging a solicitor may be warranted.
Step 8: After the Grant — Landgate and Banks
Once the sealed Grant of Probate arrives, you have legal authority to act:
Banks: Present the sealed grant (or a certified copy) to each bank's deceased estate team to unfreeze and release accounts. Most banks set up an "Estate of the Late [Name]" account to consolidate funds before distribution.
Landgate (real estate): The property transfer is a two-stage process:
- Application by Personal Representative (Transmission Application) — lodged with Landgate to transfer the title from the deceased into your name as executor. Requires the original Grant of Probate, completed application form, and Verification of Identity (VOI) completed at an Australia Post outlet.
- Transfer of Land — once you are registered as executor on the title, this document transfers the property to the beneficiary or buyer. Must go through Revenue WA for stamp duty assessment before Landgate registration.
Overseas executors cannot use the self-represented VOI pathway and must engage a WA settlement agent or solicitor for the Landgate step.
Step 9: Protect Yourself with a Section 63 Notice
Before distributing the estate, consider publishing a creditor notice under Section 63 of the Trustees Act 1962 (WA). This requires publishing a notice in the Western Australian Government Gazette and a newspaper, giving creditors at least one month to submit claims.
If you distribute after the month expires and an unknown creditor emerges later, you are protected from personal liability. If you skip this step and distribute first, you may be personally liable for debts that surface later. For most estates, particularly those with complex financial histories (business debts, nursing home fees, credit cards), this protection is worth the small cost of publication.
Who This Process Is Suitable For
DIY probate without a lawyer works well for:
- A clear, valid will with a named executor
- Cooperative beneficiaries who agree on the distribution
- Assets entirely within WA or primarily with major Australian banks
- Straightforward asset profile: family home, bank accounts, perhaps a vehicle and shares
- An executor who is organized and willing to spend a few hours across several weeks
Escalate to a solicitor if:
- A family member is contesting the will or filing a family provision claim
- The estate is insolvent (liabilities exceed assets)
- The will is lost, unsigned, or damaged in a way that requires a specific court application
- The deceased died without a will — Letters of Administration on intestacy cannot be filed through the eCourts Wizard
- The estate includes assets in multiple countries
Tradeoffs of DIY Probate in WA
Advantages:
- Cost: Fraction of any professional fee, plus the $408 court fee
- Control: You manage the pace and timeline
- Learning: You understand the process well enough to handle minor complications
- Scope: A good guide covers the complete process including Landgate and distribution, not just obtaining the grant
Risks:
- Requisitions: Formatting errors add weeks or months to the process
- Requisition responses: Must be formal supplementary affidavits, not letters
- Limitations: Some estate types genuinely require professional help regardless of how good the guide is
Frequently Asked Questions
Is it legal to apply for probate yourself in Western Australia? Yes. There is no law requiring legal representation for a WA probate application. The Supreme Court provides the eCourts Portal and Probate Wizard specifically to enable self-represented applications for straightforward estates.
What does the WA Supreme Court charge for a probate application? The application fee is $408. This applies regardless of whether you file yourself or through a solicitor. A fee reduction (Form 2) is available for financial hardship. Additional costs include $2.75 per page for document copies and $30.30 for certification of specific documents.
How long does the WA Supreme Court take to process a probate application? Standard processing takes 3 to 6 weeks, assuming a clean application with no requisitions. A requisition resets the clock from the date you file the compliant supplementary affidavit.
What is the most common reason WA probate applications are rejected? Formatting errors in the Executor's Affidavit — incorrect paper, handwritten content, unsigned pages, wrong date of death wording, or an affidavit sworn before a witness who does not qualify under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA). The second most common reason is an unexplained staple mark or rust stain on the original will.
Can I get help from the Supreme Court registry if I make a mistake? No. Registry staff are legally prohibited from providing legal advice or explaining how to fix requisitions. If you receive a requisition, you must interpret it yourself or seek professional advice and file a formal supplementary affidavit.
The Western Australia Probate Process Guide
The Western Australia Probate Process Guide walks through this entire process in the exact order the Supreme Court expects, with affidavit formatting rules explained step by step, the authorized witness list, the Statement of Assets and Liabilities structure, and the most common requisition triggers and how to prevent every one. It includes a six-tool printable kit — the Anti-Rejection Checklist to verify the application before you file, the Bank Threshold Decision Map, the Landgate Property Transfer Guide, and the Section 63 creditor notice tracker. For most straightforward WA estates, this is how executors complete probate without paying a solicitor $1,500 to do the paperwork for them.
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