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Grant of Probate Perth
We Handle the Legal Process So You Don't Have To
Applying for a Grant of Probate can feel overwhelming, especially while grieving.
Clairs Keeley Lawyers manages the entire probate application on your behalf from preparing documents to lodging with the Supreme Court of Western Australia – so you can focus on your family.
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What Is a Grant of Probate?
In most cases, a Grant of Probate is required by the Supreme Court of Western Australia to give the executor legal authority to manage and distribute the estate in accordance with a will.
Without a Grant of Probate, the executor generally cannot access bank accounts, sell property, transfer assets, or distribute the estate to beneficiaries. Most financial institutions and government bodies will require a Grant of Probate to be issued before they will release assets.
To apply for a Grant of Probate, the deceased must have left a valid will naming an executor and the deceased must hold assets in Western Australia.
Where the estate includes assets in other states or countries, the WA Grant of Probate may need to be resealed in that jurisdiction. In some cases, smaller estates may not require a formal grant.
Our Team will assist you with:
- Advising on the validity of the will and whether there are grounds to challenge or defend it.
- Advising on the process of obtaining a Grant of Probate and the duties and responsibilities of the executor of the estate.
- Locating assets of the estate, and liaising with creditors, asset holders, and beneficiaries to ensure proper management and distribution.
- Completing the application and submitting the required documentation through the Supreme Court of Western Australia.
- Advising on the next steps of the administration and distribution of the estate, ensuring everything is handled legally and according to the will.
The process involves formal applications to the Supreme Court of Western Australia with the right supporting documentation. It can be complex, confusing, and time-consuming without the right legal advice and support.
How the Grant of Probate Process Works in Western Australia
Step 1 — Initial Consultation. We meet with you (by phone, video, or in person at our East Perth office) to understand the estate, review the will, and confirm you need a Grant of Probate. This initial discovery call is free.
Step 2 — Gathering Information and Documents. We help you locate and compile all required documents, including the original will, the death certificate, details of the estate’s assets and liabilities, and identification for the executor.
Step 3 — Preparing the Probate Application. Our team prepares the formal application, including the required affidavits, the inventory of assets, and any supporting documents required by the Supreme Court of Western Australia.
Step 4 — Lodging with the Supreme Court. We lodge the application on your behalf with the Probate Registry at the Supreme Court of Western Australia in Perth. We manage any queries or requisitions the court raises.
Step 5 — Grant Issued. Once the court is satisfied, the Grant of Probate is issued. We provide you with certified copies so you can begin collecting assets, paying debts, and distributing the estate to beneficiaries.
Timeframes: A straightforward probate application in WA typically takes 4 to 8 weeks from lodgement. More complex estates or those involving court requisitions may take longer.
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We offer a free discovery phone call to help you understand your next steps. No obligation, no pressure – just clear, straightforward guidance.
Documents Required for a Grant of Probate in WA
To apply for a Grant of Probate in Western Australia, you will generally need:
- The original will (not a copy) — or evidence explaining why the original is unavailable
- The death certificate — an official certificate issued by the Registry of Births, Deaths and Marriages
- Executor identification — proof of identity for the person applying
- Asset details — bank statements, property titles, share certificates, superannuation statements, insurance policies, and vehicle registrations
- Liability details — outstanding debts, mortgages, loans, credit cards, and unpaid taxes
- Beneficiary details — names and contact information for all beneficiaries named in the will
If any documents are missing or the original will cannot be located, additional steps may be required. Our team can guide you through these situations.
What Happens After the Grant of Probate Is Issued?
Receiving the Grant of Probate is an important milestone, but it is not the end of the process. The executor is then legally responsible for administering the estate, which includes:
- Notifying banks, insurers, and government agencies and providing certified copies of the grant
- Collecting and securing all estate assets
- Paying any outstanding debts, taxes, and funeral expenses
- Distributing the remaining estate to beneficiaries in accordance with the will
- Preparing and providing a final accounting to beneficiaries
If the estate is complex or if disputes arise between beneficiaries, this process can become time-consuming and stressful. Clairs Keeley Lawyers can assist with full estate administration so you are not navigating this alone.
When a Grant of Probate May Be Refused or Delayed
In some circumstances, the Supreme Court may raise issues with a probate application. Common reasons include:
- A caveat has been lodged — someone has formally objected to the grant being issued
- The will is being contested — a beneficiary or family member is challenging the validity of the will or claiming they were inadequately provided for
- There are concerns about the will’s execution — the will may not have been properly signed or witnessed in accordance with WA law
- The original will cannot be located — additional evidence is required to prove the will’s contents
- The executor is unable or unwilling to act — alternative arrangements need to be made through the court
If any of these issues arise, having experienced legal representation significantly improves the outcome. Our team has handled contested and complex probate matters and can advise on the best path forward.
Grant of Probate vs Letters of Administration
What's the Difference?
Not sure which applies to your situation? We can clarify this during your free discovery call.
| Grant of Probate | Letters of Administration | |
|---|---|---|
| When it applies | The deceased left a valid will | The deceased did not leave a valid will (died “intestate”) |
| Who applies | The executor named in the will | An eligible family member (usually spouse or next of kin) |
| Who decides | The court confirms the executor’s authority | The court appoints an administrator |
| How the estate is distributed | According to the will | According to the legal rules of intestacy in WA |
Why Choose Clairs Keeley for Your Grant of Probate
Why Perth Families Trust Clairs Keeley with Probate
- Specialist estate knowledge — our team works with probate and estate matters every day, not as an occasional sideline
- Over 16 years of experience — we understand the Supreme Court of WA’s requirements and processes inside and out
- Clear, fixed-fee pricing — we quote upfront so you know exactly what to expect, with no hidden costs
- Plain-English communication — we explain the process in straightforward language, not legal jargon
- We handle everything — from document preparation to court lodgement to managing requisitions, we do the work so you don’t have to
- Compassionate, personal service — we understand you are going through a difficult time and we treat every client with care and respect
- East Perth location — conveniently located at Ground Floor, 2 Brook Street, East Perth
Grant of
probate
- Applies where a valid will exists
- Executor applies to court
- Authority to manage the estate
- Fixed Fee from $1495
letters of administration
- Applies when no valid will exists
- Next of kin applies
- Court appoints administrator
- Fixed Fee From $2310
Will
disputes
- Challenging a will’s validity
- Contesting estate distribution
- Protecting beneficiary rights
- Free Discovery Call
Emily Dalwood
A sincere thank you to Randika and team, who recently helped my husband and I prepare our Wills. As parents… Read more “Emily Dalwood”
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Thank you Randika and Clairs Keeley for your help and advice with our estate planning. Randika was understanding of our… Read more “Linda Lombardi”
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During the rather stressful period following our father’s passing earlier this year, Randika helped us quickly obtain probate and was… Read more “Andrew Boulton”
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First rate service , second time using them for Wills, and Guardianship etc for parents & myself, could not ask… Read more “Mark Kaminski”
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I was tasked with settling my mother’s 20 year old estate, which was by no means either a straight forward… Read more “Graham Billson”
Frequently Asked Questions About Grant of Probate
How much does it cost to apply for a Grant of Probate in WA?
The Supreme Court filing fee is set by the court and varies depending on the estate value. Legal fees for preparing and lodging the application vary depending on complexity. Clairs Keeley offers fixed-fee probate packages — contact us for a quote specific to your situation.
How long does it take to get a Grant of Probate in Western Australia?
A straightforward application typically takes 4 to 8 weeks from lodgement with the Supreme Court. Complex estates, missing documents, or caveats can extend this timeframe.
Can I access the deceased’s bank accounts before the Grant of Probate is issued?
Generally, no. Most banks will freeze the deceased’s accounts until a Grant of Probate (or Letters of Administration) is presented. Some institutions may release small amounts for funeral expenses on a case-by-case basis.
Do I need a lawyer to apply for a Grant of Probate?
It is not legally required, but the process involves formal court documents, affidavits, and strict procedural requirements. Errors can cause delays, additional costs, or rejection of the application. Most executors find that engaging a lawyer saves time, reduces stress, and ensures the application is handled correctly the first time.
What happens if the original will cannot be found?
If the original will is lost or destroyed, you may still be able to obtain a Grant of Probate using a copy of the will, but additional evidence will be required to satisfy the court. This typically involves affidavits explaining the circumstances and evidence that the copy is a true representation of the original.
What if there are multiple executors named in the will?
All executors named in the will are generally required to either join in the application or formally renounce their right to act. If one executor is unable or unwilling to apply, arrangements can be made to proceed with the remaining executor(s).
What is the difference between an executor and an administrator?
An executor is the person named in the will to manage the estate. An administrator is appointed by the court when there is no valid will. Both have similar legal responsibilities once appointed.
Can a Grant of Probate be contested?
Yes. Any interested party can lodge a caveat with the Supreme Court to prevent or delay the grant being issued. Common grounds include concerns about the will’s validity, undue influence, or claims that the deceased lacked testamentary capacity.
What if the deceased owned property in another state?
If the deceased held assets in other Australian states or territories, the WA Grant of Probate can usually be “resealed” in that jurisdiction, which is simpler than making a fresh application. We can manage the resealing process for you.
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A simple phone call is all it takes to get clarity on the probate process and understand your next steps. Our free discovery call is obligation-free and confidential.