Probate and deceased estate administration in Western Australia

• Administration Act 1903 (WA) (WA)

  The principal Western Australian probate statute. It gives the Supreme Court jurisdiction to make grants, says who may be granted administration (section 25), sets the intestacy entitlements in sections 14 and 15, lets the Minister update the statutory legacy amounts by order and requires them to be reviewed every two years (sections 14A and 14B), and allows grants made elsewhere to be resealed under Part III (section 61). The current consolidation has been in force since 18 December 2025.

• Non-contentious Probate Rules 1967 (WA) (WA)

  The rules of procedure for uncontested grants in Western Australia, made under the Administration Act 1903. They allow an application to be made to the Registrar at any time after 14 days from the death (rule 6), set out the affidavits and the statement of assets and liabilities, require consents or notice where someone else is equally entitled to administration (rule 22), and deal with caveats (rule 33).

• Family Provision Act 1972 (WA) (WA)

  Allows a spouse or de facto partner, a former spouse or partner who was receiving or entitled to maintenance, a child, a parent, and a grandchild or stepchild who meets extra conditions to apply for provision from an estate (section 7(1)). The application must be made within six months from the date the executor or administrator becomes entitled to administer the estate in WA, unless the Court gives leave to file out of time (section 7(2)). Formerly the Inheritance (Family and Dependants Provision) Act 1972.

• Public Trustee Act 1941 (WA) (WA)

  Establishes the WA Public Trustee, which can act as executor or administrator. Under section 14 it can file an election to administer, instead of obtaining a court order, where the gross value of the deceased's WA property does not exceed the prescribed amount (currently $50,000, set by regulation 4 of the Trustee Companies Regulations 1988) and no one has obtained a grant in WA.

• Trustees Act 1962 (WA) (WA)

  Applies to executors and administrators as trustees. Section 63 lets a personal representative advertise for claims in the Government Gazette and a local newspaper, allowing at least one month, and then distribute with protection against claims that were not sent in; it does not cover family provision claims. Section 65 lets the Court order repayment from people who received distributed assets. Section 98 lets the Court allow commission of up to 5% of the gross value of the trust property.

• Income Tax Assessment Act 1936 (Cth) (CTH)

  Contains the trust taxation rules that apply to a Western Australian deceased estate, including income to which a beneficiary is presently entitled.

• Bankruptcy Act 1966 (Cth) (CTH)

  Part XI lets a creditor or the personal representative apply for an order that an insolvent deceased estate be administered in bankruptcy (sections 244 and 247), instead of by the personal representative under state law.

• Supreme Court of Western Australia - Wills and Probate

  Makes all Western Australian grants of probate and letters of administration, reseals grants made elsewhere, and publishes step-by-step guidance on whether a grant is required, what to collect and how to prepare and file the application.

• Supreme Court of WA - Before Applying

  Step-by-step Court guidance on whether you need a grant, the original documents to collect (will, death certificate, any consents or renunciations), and the warning not to staple, pin or paperclip anything to the will or remove its staples.

• Probate Online Application (Probate Wizard)

  The Court's online tool for preparing a straightforward probate application without a lawyer. The Court says it may not be suitable where there is no will or only a copy, you are not a named executor, the will is not signed and witnessed, or there are no WA assets. You print and sign the documents it prepares and lodge them at the Court.

• Public Trustee (Western Australia)

  The WA public trustee. It prepares wills, can be appointed executor or administrator, and can elect to administer an estate whose WA property is worth no more than $50,000 without a court order.

• Landgate

  The WA land titles registry. Registers survivorship applications by a surviving joint tenant and transmission applications by which an executor or administrator is recorded on title, and the later transfer to a beneficiary or buyer.

1. 01Find the will and obtain the death certificate

   Locate the original will and any codicils, checking with the deceased's lawyer and bank, the Public Trustee's WA Will Bank and the Supreme Court, which accepts wills for deposit. Obtain the original death certificate from the WA Registry of Births, Deaths and Marriages; the Court asks for the original. Do not staple, pin or paperclip anything to the will or remove its staples.

   Typical timeframe: Varies; you cannot apply until 14 days after the death

2. 02Check whether you need a grant

   Contact each bank, superannuation fund, insurer and share registry holding assets in the deceased's sole name and ask whether they require a grant. Jointly held land and bank accounts usually pass to the survivor without one. The Supreme Court has jurisdiction only if there are assets in Western Australia.

   Typical timeframe: Varies by institution

3. 03Gather the information and values for the application

   Obtain date of death balances, a valuation or appraisal of any WA real property, share and vehicle details, and details of every liability. These go into the statement of assets and liabilities, which lists assets and debts inside and outside Western Australia separately.

   Typical timeframe: Varies with the size of the estate

4. 04Prepare the application

   Prepare the motion for a grant, the supporting affidavit and the statement of assets and liabilities, either yourself using the Probate Wizard (for a named executor with a straightforward will) or through a lawyer. Swear or affirm the affidavit before an authorised witness such as a Justice of the Peace, and you and the witness sign the will to mark it. Add any extra affidavits needed to explain a marked, altered or informal will.

   Typical timeframe: Depends on how complex the estate is

5. 05File with the Supreme Court and pay the fee

   Lodge the application with the original will and original death certificate at the Supreme Court in Perth (Level 11, David Malcolm Justice Centre, 28 Barrack Street), in person or by post, preferably registered, and pay the filing fee, which is $418.00 from 1 July 2026. The Court keeps the original will and attaches a copy to the grant.

   Typical timeframe: 1 day

6. 06Registrar's examination and grant

   A Registrar decides the application on the papers. If something is missing or unclear, the Registrar issues a requisition, which you answer by further affidavit unless it says a letter will do; the application does not progress until you answer. Once satisfied, the Registrar makes the grant, which is posted to you unless you ask to collect it.

   Typical timeframe: Court aims for about 4 weeks; longer if complex or a requisition issues

7. 07Administer, settle liabilities and distribute

   Collect assets, lodge tax returns, pay debts and expenses, register any transmission at Landgate, consider advertising for creditors' claims under section 63 of the Trustees Act 1962, and distribute once the six month family provision period has passed.

   Typical timeframe: Often 12 to 15 months for an uncomplicated estate

The Supreme Court charges a flat filing fee for an application for a grant of probate or administration, not a fee scaled to the value of the estate. From 1 July 2026 the fee is $418.00; depositing a will costs $133.50 and a search costs $68.00. Check the Court's Probate Forms and Fees page for the current figures before you pay. Legal fees are the larger variable. Lawyers can charge for non-contentious probate work under the Legal Profession Uniform Law, and those costs are paid from the estate. Preparing the application yourself with the Probate Wizard removes the legal fee for the grant, though not the executor's responsibility for the administration. The Public Trustee no longer charges percentage commission on new deceased estates; it charges task-based fees under a published Scale of Fees. Executors can use estate money for necessary expenses, but are paid for their own time only if the will allows it, all the beneficiaries agree, or the Court allows commission, which is capped at 5% of the gross value. A professional acting as executor can charge usual professional fees unless the will says otherwise.