Wills and probate

If the person who died left a will, you must follow the directions of their will.

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What is probate?

Probate is the process that you need to go through when someone has died and left a will that names you as the Executor.

The process involves making an application to the Probate Office of the Supreme Court of WA to prove that the Will maker is deceased, their Will is valid, and the person who is making the application is the Executor of that Will.

An executor can be an individual or a trustee company like the Public Trustee. Once a Grant of Probate has been given, management of the deceased's assets can safely be transferred to the executor.

You need authority before you can begin administering a deceased person’s estate. The Grant of Probate is important as the Banks and other financial institutions, Landgate, and share registries will often require a copy of the grant of Probate (or to see the original version) before you can deal with the deceased’s person’s property.

How to apply for Grant of Probate

You can apply for Grant of Probate:

  • In person at the Probate Office of the Supreme Court of WA
  • By post
  • Complete your application on line

The Citizens Advice Bureau of WA sells a probate kit and provides probate application assistance (there is a booking fee for the interview).
For more information, contact the Citizens Advice Bureau of WA on (08) 9221 5711.

The Probate Registry

For more detailed information about the Probate Registry, visit the website of the Supreme Court of Western Australia. Here you will find answers to many frequently asked questions, including:

  • How do I know if probate is required?
  • How much are the probate fees?
  • How long does probate take to issue from the date of application?

Probate Registry - Department of Justice
Supreme Court of WA
Level 11, David Malcolm Justice Centre
28 Barrack Street
PERTH WA 6000
Phone: (08) 9421 5333

The Probate Registry is open to the public from 9am to 4pm Monday to Friday.
 

Need to write your own Will?

For more information on drafting and safely storing your Will visit the Public Trustee website www.publictrustee.wa.gov.au or phone 1300 746 116

Page reviewed 5 February 2020