Probate is the process of proving that the will that a deceased person left behind is in fact their last will so that the estate can be divided up by the appointed executor according to the deceased person’s wishes. However, a grant of probate in WA is not always needed – it all depends on the circumstances of the deceased person.
When is a grant of probate needed?
You will need to apply for a grant of probate with the Supreme Court of Western Australia if the deceased person:
- had assets such as shares, bank account and real estate that was solely in their name at the time of their death; or
- owned real estate with another person at the time of their death as tenants in common.
When is a grant of probate not needed?
A grant of probate in WA is not needed in some circumstances. These circumstances are:
- the deceased owned real estate with another person as joint tenants (such as a spouse or partner);
- the deceased’s bank account was jointly held with another person (such as a spouse or partner);
- the only assets left to be divided was personal possessions; or
- the only personal property left was a motorbike or motor vehicle.
Probate WA – How do you apply?
You can have a probate lawyer prepare the probate application and lodge it for you. The lawyer can also manage the probate process and distribution of assets (such as property) once probate is granted.
If you decide to do your probate application yourself, you will need to gather all the information and then lodge the following documents with the Supreme Court of Western Australia:
- Probate application.
- Affidavit in support of the application.
- Original will of the deceased person.
- Original death certificate of the deceased person;
- The applicable fee for the probate WA office.