An application for a grant may be made on motion ex parte to the Registrar in Chambers at any time after 14 days from the death of the deceased; and all papers in support thereof shall be filed in the registry (see Non-Contentious Probate Rules r.6 (1).)
An application for a grant may be made at any time after 14 days from the death of the deceased. FAQ 6 explains how to apply for a grant
Where the deceased's will does not name an executor or, for some reason, the only executor named in the will is unable or unwilling to apply for a grant of Probate a beneficiary named in a will or some other person may be able to apply to the Court for a grant of Letters of Administration with the Will Annexed. These applications are more complex than applications for a grant of Probate and applicants should see a lawyer. There are no standard forms available for these applications.
Where the deceased did not leave a valid will a family member who is entitled to receive a benefit from the deceased’s estate may apply to the Court for a grant of Letters of Administration. These applications are also more complex than applications for a grant of Probate and applicants should see a lawyer. There are no standard forms available for these applications.
You may require a grant of Probate as executor if the answer to either of the following two questions is YES:
You may not require a grant of probate if:
If you are unsure of how the deceased's assets were held, you should first enquire with those institutions (banks etc) most likely to be holding those assets. If there are assets solely in the name of the deceased, the institution will usually advise you whether they require a grant of probate to release those assets.
You should see a lawyer if you are still unsure of how the deceased's assets were held and as to whether you require a grant of probate.
You may instruct a lawyer to prepare and file an application for a grant of Probate on your behalf (or to act for you at any stage of the proceedings). Alternatively, you may do it yourself. If you wish to do it yourself then an interactive online form system is available through the Supreme Court web site. It is easy to use and will help you complete the required application, an affidavit in support of the application and a statement of assets and liabilities to be attached to your affidavit.Probate Online Application
You should obtain legal assistance if you find that the probate online application is not suitable for your application.
Alternatively, you may purchase a set of application forms from the Citizens Advice Bureau. Read through the forms carefully, paying particular attention to margin notes. You must type or NEATLY HAND PRINT the application. You should obtain legal assistance if you experience problems completing the application forms.
Once completed, you must swear or affirm your affidavit in the presence of an authorised witness who must witness your signature in the places provided on the affidavit. Authorised witnesses within Western Australia include:
Full details of who are authorised witnesses are contained in sections 6, 9 & 10 of the Oaths, Affidavits and Statutory Declarations Act 2005.
You and the authorised witness must sign your usual signatures at the bottom of each page of the affidavit and where indicated on the final page. You and the authorised witness must also sign your usual signatures on the cover of the will or, if that is not possible, somewhere on the will that does not interfere with the text of the will. This is called marking the will.
An affidavit is not the same as a statutory declaration. A statutory declaration will not be accepted by the Probate office.
Section 14 of the Oaths, Affirmations and Statutory Declarations Act 2005 sets out how a person must make an affidavit if they are not sufficiently conversant in English to make an affidavit in English. The following steps must be taken:
You must include in the statement of assets and liabilities attached to your affidavit details of the deceased’s assets and liabilities at the date of death. Below is an example of how standard assets and liabilities should be described in a statement:
Statement of Assets and Liabilities
Outside Western Australia
Inside Western Australia
Bank of XYZ Savings Account No. 123 678 (see note 3 below)
Challenge Bank – account no. 890 123
2008 Nissan Pulsar regn no 1ABC 333 (see note 4 below)
3000 shares in Smith Pty Ltd
Immovable property in Western Australia
123 Smith Street, Floreat
Unit 18/A Jones Street, Mount Lawley
GROSS VALUE OF ASSETS IN WESTERN AUSTRALIA
Outside Western Australia
Inside Western Australia
Mortgage Challenge Bank No.2345-5432
XYZ Credit Card
Smith Funeral Directors
NET VALUE OF ASSETS IN WESTERN AUSTRALIA
Note 1 - Movable and immovable property: The distinction between movable and immovable property can be complex and if there is any doubt you should consult a lawyer. However, immovable property includes land and buildings, whilst everything else can usually be regarded as movable.
Note 2 - Assets or debts inside or outside WA: It should be obvious whether particular items are located in Western Australia or elsewhere. Care should be taken with shares and their location. Their location is determined by location of the share register. For example, if the share registry is in Melbourne, they should be shown as being located outside WA.
Note 3 - Bank accounts: You must list each bank account held by the deceased, setting out the name of the bank at which the account was held, the account number and the balance of the account at the date of the deceased's death.
Note 4 - Motor vehicles: You must set out the year, make and registration number of the vehicle.
The Court cannot make a grant of Probate, Letters of Administration with the Will Annexed or Letters of Administration if the deceased did not leave any property in Western Australia.
You should contact the Department of Transport about this however the Court's understanding is that the Department does not require that a grant be obtained before it will transfer a vehicle licence.
Yes, it does matter. The will may have been revoked if the deceased married, divorced or obtained a decree of nullity of his or her marriage after signing the will. The Court's online application form and the up-to-date application forms available from the Citizens Advice Bureau deal with these issues.
You will need to see a lawyer before making your application if the deceased married, divorced or obtained a decree of nullity of his or her marriage after signing the will.
You may be able to obtain a grant of Probate or a grant of Letters of Administration with the Will Annexed even if you cannot find the original will and only have a photocopy of it. You should see a lawyer before making your application.
You must refer to the deceased in your application by his or her true full name. The fact that the deceased had a nickname or that some other name appears on the death certificate along with the deceased's true name is not a good reason for referring to both names in your application or in the grant.
Where the deceased owned property in his or her true name and also in some other name (or just in that other name) then the grant issued by the Court will refer to the deceased by both names. You must set out in your application and affidavit the deceased's true full name and the other name that he or she used. You must also identify in your affidavit the property held in that other name.
You must also set out in your affidavit any other reason why you would like the grant to refer to the deceased by his or her true name and some other name.
Yes - where two or more executors are named in the will the Court may make a grant of Probate in favour of those executors who have applied for a grant and order that the other executors who have not applied for a grant may apply for a grant in the future. Except in certain circumstances, the applying executors must either file with their application a consent to the application from the non-applying executors or show that notice of the application has been given to the non-applying executors. Further information regarding this is available here (Consolidated Practice Directions) including forms that should be used. Please read this before you make your application. The format of the Consent Form (refer Consolidated Practice Direction 22.214.171.124) and Notice Form (refer Consolidated Practice Direction 126.96.36.199) can be found on the following link. This link will open a Word Document. You may fill in the blank spaces in the document by typing in the relevant information.
You must include in your affidavit in support of your application for a grant of Probate or for Letters of Administration with the Will Annexed the full names and current residential addresses of the witnesses to the will (and codicil if there is one). If you cannot find the current address of a witness then you must set out in your affidavit the attempts made by you to find the address. This may include searching the phone book and electoral roll and contacting solicitors' offices or institutions where the deceased signed the will. The address of a legal practitioner who witnessed the will may be shown as his or her current legal practice address. This is the only profession for which this is permitted - in all other cases the witnesses residential address must be given.
Yes - though as indicated above, these are more complex applications for which there are no standard forms and no online application form. You should see a lawyer.
Please check your application and affidavit very carefully before lodging them at the Probate office. Even minor errors in your application and your affidavit may result in delays in the Court processing your application.
If you cannot answer yes to following questions there is likely to be a problem with your application.
You must lodge your application at the Court's Probate office which is located on the 14th Floor, 111 St Georges Terrace, Perth. It is on the corner of William Street and St Georges Terrace.
You must lodge the following in a standard application for a grant of Probate:
The table below contains a summary of fees effective from 20 December 2011
Filing application for a grant of probate or administration
Depositing a will of a deceased person
Depositing a will or instrument under the Wills Act 1970 s.44(1)
Copy of a will or any other document per page
Exemplification of a grant
Payment may be made by cash, cheque, Visa, Mastercard or eftpos. Cheques should be made payable to Probate Office of Western Australia.
There are no probate duties. You should obtain legal or accounting advice as to any tax issues that may arise following the death of the deceased.
The Probate Office is open to the public from 9am to 4pm Monday to Friday (except on public holidays).
Parking is available at:
Yes - you may post your application and supporting documents to the Probate Office together with the filing fee. It is strongly recommended that you use registered post. You should make and retain a photocopy of all documents sent to the Probate Office and in particular, of original will or codicil, or any document purporting to be an original will or codicil.
The postal address is Level 14, 111 St Georges Terrace, Perth WA 6000.
No - Probate office staff cannot assist you with your application, complete forms, examine documents prior to lodging, recommend a lawyer or give you legal advice. You should obtain legal assistance if you have any questions about your application after looking at these FAQs.
The Probate Office cannot give advice on related matters such as contesting a will, the failure of an executor or administrator to pay monies to beneficiaries or the failure of an executor or administrator to tell you what is happening in relation to an application or an estate. You should see a lawyer about such matters.
It takes the Court approximately three to six weeks to process applications provided there are no problems associated with them. You may advise the Probate Office in writing when filing your application if there is any particular reason why you would like your application to be dealt with urgently.
No - the Court will attach a photocopy of the will to the grant of Probate or Letters of Administration with the Will Annexed. The Court retains the original as a public document in safe custody.
A Registrar of the Court will advise you in writing of any problems with your application and tell you what you must do to remedy those problems. The document that you receive from the Court is called a requisition. Please bear the following matters in mind if you receive a requisition:
The format of the affidavit that you should use when answering a requisition can be found on the following link. This link will open a Word document. You may fill in the blank spaces in the document by clicking on the grey areas and typing in the relevant information.
The Court may reject an affidavit if it is not in the correct form so please comply with the following:
Question 6 of these FAQs explains how an affidavit is sworn or affirmed.
The Court may refuse your application if it is misconceived because, for example, you are not the executor named in the will or you have not met the requirements of the will. The fee you paid when you lodged the application is unlikely to be refunded in such a case. You will be required to pay a fresh fee if it is necessary for you or someone else to make a further application.
Yes. Any person shall, on payment of the prescribed fee, apply to search for and obtain a copy of any documents filed or of record in the Registry, namely:
a) a will or codicil that has been proved
b) a grant of probate or administration
c) an order to administer; and
d) with the leave of the Registrar, any other document.
This link will open up a Search Enquiry Form. You may fill in the blanks and remit the form with the necessary payment as noted.