Probate in Western Australia: What Executors Need to Know

The bank won't release the funds. Landgate won't transfer the property. And every financial institution you call keeps asking for the same piece of paper you don't have yet: a Grant of Probate from the Supreme Court of Western Australia.

Probate is the formal legal process by which the Supreme Court confirms that a will is valid and authorises the named executor to deal with the deceased's estate. Without it, you cannot sell or transfer real estate held solely or as tenants in common, and most banks will refuse to release account balances above their internal thresholds. Understanding how the process actually works in WA — including the parts that routinely trip people up — saves weeks of delay.

When Is Probate Required in Western Australia?

Not every estate needs probate. You can often avoid the Supreme Court entirely if:

• All bank accounts are jointly held and below the institution's threshold for requiring probate
• Real estate is held as joint tenants (not tenants in common) — the surviving owner uses a Landgate Survivorship Application instead
• The total WA assets are under $50,000 — in which case the Public Trustee may use an "Election to Administer" under the Public Trustee Act 1941 (WA)

If the estate includes real property held by a sole owner or as tenants in common, or if any single financial institution holds more than its internal threshold in the deceased's sole name, you almost certainly need probate. Check the Certificate of Title at Landgate ($32.60 for a search) before you assume anything about how the property is held.

The Flat Filing Fee: One Thing WA Gets Right

Western Australia charges a flat $408 filing fee to apply for a Grant of Probate or Letters of Administration, regardless of the estate's total value. This is unusual — New South Wales and South Australia operate on sliding scales where estates worth millions attract thousands in court fees. WA's flat fee is one genuine advantage for executors with large estates.

That $408 is non-refundable if the application is rejected, so getting the paperwork right the first time matters.

The 14-Day Waiting Period

You cannot lodge a probate application until at least 14 days have passed since the date of death. This is a statutory requirement under the Supreme Court Rules. Lodge before that date and the application will be returned immediately.

Unlike some other Australian states, Western Australia does not require you to publish a public notice of your intention to apply for probate before lodging. That's one step you don't have to worry about.

How to Apply: The eCourts Portal

The Supreme Court of Western Australia offers an online Probate Wizard through the eCourts Portal. This interactive questionnaire generates three documents:

1. Motion for Probate — the formal request to the court
2. Affidavit of Executor — your sworn statement confirming the will is the last valid will and that the deceased has died
3. Schedule of Assets and Liabilities — a detailed inventory of the estate's assets and debts at the date of death, not current market value

The portal stores your data for 60 days. If you don't complete and lodge within that window, you start over.

There is one critical limitation: the eCourts Portal only handles straightforward applications. If any of the following apply, the online system cannot be used:

• Only a copy of the will exists (the original cannot be found)
• You are not the primary executor named in the will
• The will has execution defects — missing witness signatures, different coloured inks, unexplained marks suggesting a codicil may exist
• There are jurisdictional complexities involving assets in multiple states or countries

In any of these situations, you need a probate solicitor.

Physical Lodgement — No Email, No Upload

This is where many DIY applicants are surprised. After the eCourts Portal generates your documents, everything must be printed, signed in wet ink, and physically lodged at the Supreme Court Registry in Perth. You cannot submit electronically.

Documents must be signed before an authorised witness. The Affidavit of Executor must be sworn before a Justice of the Peace (JP) in Western Australia. Executors living in regional WA can lodge by registered mail to the Perth Business Centre, but the original will and wet-ink signatures are non-negotiable.

How Long Does Probate Take in WA?

For an uncomplicated, correctly prepared application, the Supreme Court typically processes it within 3 to 6 weeks from the date of physical lodgement.

The problem is requisitions. If the Registrar identifies any issue — a discrepancy in the deceased's name between the will and the death certificate, unexplained staple holes suggesting a removed codicil, incorrect asset valuations, or any formatting error — they will halt the application and issue a formal Requisition. Each requisition adds approximately 3 to 4 weeks to the timeline.

Critically, the Registrar cannot give legal advice or tell you how to answer the requisition. The response must take the form of a new sworn Affidavit that directly addresses the court's concern. This is not a situation where you can phone up and clarify. If you receive a requisition, getting professional help at that point is strongly advisable.

The Schedule of Assets: Where Most Mistakes Happen

The Schedule of Assets and Liabilities is the document that causes the most problems. The values must reflect the date of death, not the current date. This means:

• Bank accounts: the balance as at the day the deceased died
• Superannuation: only included if the death benefit is payable to the estate (not to a named beneficiary or reversionary pension)
• Real property: a reasonable market valuation as at the date of death, which may require a written appraisal
• Shares: the closing price on the date of death
• Mortgages, credit card debts, personal loans: all listed in full

Executors sometimes omit small shareholdings or investment accounts, assuming they're too minor to matter. The court disagrees. Every asset and debt must be included.

The estate's true legal and administrative complexity often becomes clear only when preparing this document. If the estate is worth settling without legal help, the WA Estate Settlement Guide provides a court-ready Schedule template alongside instructions for gathering accurate date-of-death valuations from banks and financial institutions.

After the Grant Is Issued

Once the Supreme Court issues the Grant of Probate, you have the legal authority to deal with the estate's assets. In practice this means:

• Presenting the sealed grant to banks to access and close accounts
• Lodging a Transmission Application with Landgate to transfer real property into your capacity as executor (then either to a beneficiary or to a purchaser on sale)
• Paying debts in the correct statutory order — funeral expenses first, then secured creditors, then administration costs, then unsecured creditors
• Distributing the residual estate to beneficiaries once all liabilities are settled and the 30-day creditor notice period under Section 63 of the Trustees Act 1962 (WA) has expired

The grant does not expire, but leaving an estate unfinished for years creates its own complications. The ATO expects a final tax return, beneficiaries expect distributions, and an estate left open is an estate that can attract creditor claims and family provision applications.

If you are navigating this process for the first time, the WA Estate Settlement Guide maps the full sequence from death certificate through to final distribution — including probate, Landgate transfers, tax obligations, and bank notifications — in one chronological workflow.

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