Probate is the process of proving the validity of a Will to the Supreme Court of Western Australia.
You are likely to need a grant of Probate if the:
It may be prudent to apply for Probate in any event where there are any doubts as to the validity of the Will
A Grant of Probate is not required where assets were owned by the deceased as a joint tenant with another surviving party.
Take our short quiz to see if you need to apply for Probate.
You can only apply for a Grant of Probate in Western Australia if the deceased owned assets within the state. If not, you will need to apply for a Grant in the jurisdiction in which the majority of the deceased’s assets were held.
An application for Probate must be made by the executor named in the Will. If the executor does not want to apply, an application for Letters of Administration with the Will annexed can be made by a beneficiary.
If the deceased person did not leave a valid Will, an application should be made for Letters of Administration.