Please bring the documents and information listed on the relevant checklist.

• Probate checklist
• Letters of Administration checklist
• Reseal checklist

In most cases we can prepare your application and arrange for you to sign it on the spot at your consultation. It will then take the Supreme Court of Western Australia 6 – 8 weeks to review your application and issue a Grant.

Rule 9B(1) of the Non-Contentious Probate Rules 1967 (WA) require an applicant for a grant of Probate or Letters of Administration to provide a statement of the deceased’s assets and liabilities as at the date of their death. The statement must include all real estate in Western Australia and all movable property and debts, whether in Western Australia or elsewhere.

Note that any property the deceased owned as a joint tenant with another person(s) who survived them does not form part of their estate, rather it passes to the surviving joint tenant by survivorship.

Download our checklist to help you collate the information needed for the statement of assets and liabilities.

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.