WA Probate Forms: What You Need Before Filing

Most executors who sit down to file a WA probate application assume the hard part is understanding the law. It isn't. The hard part is preparing five specific documents that meet the Supreme Court's exact formatting requirements — because the Probate Office will reject your application for errors that seem trivial, and their staff are legally prohibited from telling you how to fix them.

This is what a WA probate application actually requires, what goes into each document, and where self-represented executors most commonly trip up.

The Five Documents Required for a WA Probate Application

Every application for a grant of probate in Western Australia must include all five of the following. Missing or defective items halt the process immediately.

1. Motion for a grant of probate This is the formal request to the Supreme Court. It identifies the deceased, the executor, and the estate.

2. Affidavit of the executor A sworn statement by the executor covering the circumstances of the death, the validity of the will, and the executor's authority and intention to act. This is the document with the most formatting rules — and the most common source of rejections.

3. Statement of assets and liabilities A complete inventory of the estate, separating WA assets from non-WA assets and movable from immovable property. Real estate must be supported by a formal valuation. Shares are valued at the market price on the exact date of death.

4. The original will Not a certified copy. The physical original, in its current condition. The way you handle this document before lodgment matters — more on that below.

5. The original death certificate Issued by the Registry of Births, Deaths and Marriages WA. Again, the original — not a photocopy. Order multiple certified copies when you apply, because other institutions (banks, Landgate) will need them too.

The filing fee at lodgment is $408, paid to the Supreme Court of Western Australia.

How the Online Application Works — and Where It Breaks Down

The Supreme Court's eCourts portal includes a "Probate Wizard," an interactive questionnaire that generates your court documents automatically. If you qualify to use it, this is the most practical path for self-represented executors.

To access it, register for an eCourts account, then work through the wizard. The system will produce your motion, affidavit, and statement of assets based on your answers.

There are, however, hard limits on when the online system can be used. You cannot use the Probate Wizard if:

• The original will cannot be located
• You are not the executor named in the will
• The will is unsigned or unwitnessed
• The deceased held no assets in Western Australia

If any of these apply, you must manually draft each document from scratch — without guidance from the court.

One critical operational detail: the eCourts portal only saves draft applications for 60 days. If you don't lodge within that window, the system permanently deletes your data and you have to restart from zero. If you're gathering documents or waiting on valuations, don't start the online application until you're within two months of being ready to file.

Affidavit Formatting: The Rules That Cause Rejections

The affidavit of the executor is scrutinized line by line. These are not suggestions — they are requirements enforced on every application.

Paper and ink: Typed only. Never handwritten. White A4 paper. Black ink. Minimum 12-point font.

Structure: All content must be presented in sequentially numbered paragraphs. Do not use narrative prose without paragraph numbers.

Signatures: Both the executor and the authorized witness must sign their usual signature at the bottom of every single page of the affidavit. Not just the final page — every page. The cover of the original will must also be signed by both. If the cover cannot physically accommodate the signatures without obscuring the testamentary text, they may be placed elsewhere on the will, provided the text is not interfered with.

The date of death: This is the single most common source of rejection. The date of death stated in your affidavit must exactly mirror the phrasing used on the death certificate — not just the date, but the exact language. If the death certificate states the deceased was "found on" a particular date, the affidavit must state they were "found dead on" that date. If the certificate records a range of dates, your affidavit must reflect that exact range. A deviation of even a single word will result in rejection.

Who can witness the affidavit: An authorized witness under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA) is required. Eligible witnesses include:

• A Justice of the Peace
• A legal practitioner holding a current practice certificate for at least two years
• A public notary
• A pharmacist
• Certain academic staff

A person who is qualified to witness a standard statutory declaration is not automatically eligible to witness a probate affidavit. This distinction trips up many executors. If you use the wrong witness category, your affidavit is defective.

If you're managing the estate from interstate, you'll need to coordinate with a WA-based witness or engage a legal practitioner — overseas executors using the self-represented pathway cannot complete this step remotely.

Handling the Original Will Before Lodgment

The physical condition of the original will is legally significant. Courts presume that if a will shows signs of having had something attached — staple holes, rust marks from a paperclip, indentations from a bulldog clip — then another testamentary document (a codicil) was once attached and has since been lost or removed.

To overcome this presumption, the executor must file an "Affidavit of Plight and Condition and Finding," explaining exactly when the marks were made, by whom, and what the chain of custody of the document has been since execution. If the explanation is insufficient, the validity of the will may be challenged and a judicial hearing required.

The practical instruction: do not unstaple, paperclip, fold unnecessarily, or mark the original will in any way. Keep it in a clear plastic sleeve. Provide certified copies to anyone who asks to see it until the original must be physically lodged with the court.

If you've inherited a will that already has marks on it, document the condition carefully before doing anything else. Photograph it. Note who had custody of it and when. That information is the foundation of the plight and condition affidavit.

For comprehensive document templates and a step-by-step guide to completing each WA probate form correctly, see the Western Australia Probate Process Guide.

What Happens If the Court Issues a Requisition

A requisition is the court's formal notice that something in your application is defective. It halts the processing of your grant entirely.

The critical thing to understand: you cannot fix a requisition by calling the registry, writing a letter, or sending an email. The court requires a formal supplementary affidavit that specifically addresses the identified error, sworn before an authorized witness, and resubmitted through the eCourts system. Registry staff are legally prohibited from giving legal advice or explaining what a requisition means or how you should respond to it.

Common triggers include:

• A will with unexplained staple marks or rust marks
• An affidavit date of death that doesn't precisely match the death certificate
• Missing signatures on individual pages
• Incorrect categorization of assets (WA vs non-WA, movable vs immovable)
• Executor not "clearing off" a previously named executor who has since died or renounced
• Use of an ineligible witness category

If you receive a complex requisition, the practical advice is to engage a solicitor. Attempting to draft a supplementary affidavit without understanding exactly what the court is asking for risks a second requisition — and another delay.

Before You Lodge: A Quick Pre-Submission Check

Run through these before submitting:

• [ ] Original will physically inspected — no unexplained staple holes, rust marks, or clip indentations
• [ ] Affidavit typed, white A4, 12pt font, black ink, numbered paragraphs
• [ ] Date of death in affidavit exactly mirrors wording on the death certificate
• [ ] Both executor and witness have signed the bottom of every page of the affidavit
• [ ] Both executor and witness have signed the cover of the original will
• [ ] Authorized witness qualifies under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA)
• [ ] Assets correctly separated: WA vs non-WA, movable vs immovable
• [ ] Real estate supported by a formal valuation
• [ ] Shares valued at market price on the date of death
• [ ] All five documents are present before you open the eCourts portal

The Western Australia Probate Process Guide includes detailed templates for each document and an anti-rejection checklist built from the court's actual requirements — the same knowledge that probate lawyers use to file clean applications on the first attempt.

See more Western Australia guides →