The death of a family member or friend is always a distressing experience. Generally, there is plenty of time to grieve before you need to face the practicalities of dealing with the estate.
If you are an executor or beneficiary of a deceased estate, you may find the free information on this page helpful. Details of how we can help and our fixed price services appear below.
If there is a Will
The executor named in the Will is responsible for administering the estate. As an executor of a deceased estate you may:
- administer the estate yourself;
- retain a lawyer or professional trustee to assist you with all or any part of the process; or
- renounce your executorship.
The executor may need to apply to the Supreme Court of Western Australia for a Grant of Probate (see below).
If there is no Will
If there is no Will a family member generally manages the estate. It is generally prudent to apply to the Supreme Court of Western Australia for a Grant of Letters of Administration (see below). It may take some weeks to obtain Letters of Administration. In the meantime the funeral must be conducted and other matters attended to; for example, preserving assets by paying licences and insurance policies. If there is no Will you should discuss these matters with the family members of the deceased so that all interested parties understand what you are doing.
You may retrieve a Will of which you are the executor from our safe custody facility. Please see our safe custody page for our requirements in this regard.
Contrary to popular belief there is no need to arrange for a formal reading of the Will, nor is it necessary to attend to all of the complexities of the estate administration urgently. There are however a few things you should consider doing promptly.
Although not obligatory, a notice in the newspaper advises those interested of the death. The funeral director will arrange a death notice if requested to do so.
If there is a Will, check to see if there are any specific instructions regarding the funeral. The executor has authority to arrange a funeral and pay the reasonable funeral expenses according to the deceased's station in life and the assets available. Most funeral directors expect payment immediately, but will, if necessary, wait until after the affairs of the deceased are in order.
As executor you must take reasonable steps to protect valuable assets. Make sure the car, house and contents and other valuables are safe and properly insured. Advise the insurance companies of the deceased's death. Deal appropriately with animals and perishables. As executor you are responsible for securing all of the deceased's assets. If necessary remove all cash and valuables for safe keeping.
Sometimes beneficiaries lack money to carry on after the deceased's death. In these circumstances you will need to consider seeking emergency assistance to help the family. Banks may advance money from the deceased's accounts for living expenses, funeral costs and legal fees.
Inform the beneficiaries of their entitlements under the Will. Residuary beneficiaries - those who remain after specific gifts are distributed - are entitled to a copy of the Will. If there is no Will the beneficiaries of the estate will be the relatives specified in the Administration Act.
Advise relevant financial institutions of the deceased's death to guard against unauthorised use of bank accounts. If appropriate, advise Centrelink to avoid overpayment of benefits.
You must act in the beneficiaries' interests at all times. It is inevitable that you will need to collect money and pay bills on behalf of the estate. You should therefore open a bank account in the name of the estate. You may also need to apply for a tax file number for the estate from the Australian Taxation Office.
A Grant of Probate is a document issued by the Supreme Court of Western Australia confirming an executor's authority to deal with the affairs of a deceased person.
The Supreme Court will issue a Grant of Probate to you if it is satisfied that:
- the deceased is the author of the Will;
- you are named as an executor;
- the Will was correctly signed and witnessed;
- the Will was not revoked by the deceased before he/she died; and
- you have sworn to the value of the assets and liabilities of the deceased.
If the executor of the Will is no longer alive, or is for any reason unable or unwilling to act as executor, they may renounce their right to obtain probate of the Will. In this case those named as the major beneficiaries in the Will may apply to the court. This application is known as Letters of Administration with the Will Annexed.
A person who dies without a Will is said to have died intestate. One or more members of the the deceased’s family may apply to the Supreme Court for a Grant of Letters of Administration. A Grant of Letters of Administration is a document issued by the Supreme Court confirming the administrator's authority to deal with the deceased person’s affairs.
The Administration Act sets out those who are entitled to apply for Letters of Administration and the formula for dividing the deceased’s estate among the surviving family members. The Supreme Court will issue a Grant of Letters of Administration to you if it is satisfied that:
- the deceased died intestate;
- you are the only eligible person to administer the estate or that other eligible persons have consented to your application;
- you undertake to administer the estate according to the laws of intestacy; and
- you have sworn to the value of the assets and liabilities of the estate.
In some cases banks and other institutions will not deal with an executor or administrator without a Grant of Probate or Letters of Administration. However, you will probably need a grant if the estate includes:
- any real estate except property owned by the deceased as a joint tenant;
- money in any bank account (not jointly held) in excess of about $20,000; or
- certain life insurance and superannuation policies.
You don't always need a Grant of Probate or Letters of Administration but it is wise to get one if:
- you have doubts about the validity of the Will or the deceased's mental capacity when the Will w as signed;
- there is any possibility of a dispute arising; or
- any person entitled to distribution of the estate is a minor.
A grant protects you from personal liability from unwittingly dealing with an invalid Will.
The duties of an executor or administrator include the following:
- take charge of and protect the estate’s assets;
- make arrangements for the funeral;
- notify all interested parties including the beneficiaries named in the Will;
- if necessary, obtain an authority to administer the estate in the form of a Grant of Probate or Letters of Administration from the Supreme Court;
- advertise for creditors of the estate as required by the Trustees Act;
- pay any funeral expenses and any debts of the estate;
- finalise income tax returns for the deceased up to the date of death and for the estate; and
- sell or distribute the estate’s assets according to the directions in the Will.
Reasonable costs and out of pocket expenses incurred by the executor are normally paid out of the estate. The executor is generally entitled to retain professional assistance if he or she requires it.
If you are the executor of a Will you may need a grant of Probate or help administering the deceased estate.
We offer fixed prices for straightforward Grants of Probate and Letters of Administration.
We offer a quote or estimate of costs for administering an estate.
As with most of our services we recommend an initial consultation as the first step in assisting you.
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What we offer
Probate and Letters of Administration
Where the matter is non-contentious and (where applicable) the Will is properly drafted and signed, we will:
- collect information from you at a short consultation;
- prepare your application for Grant of Probate or Letters of Administration (application) in accordance with your instructions;
- prepare any notices of consent and arrange for them to be signed (for Letters of Administration only)
- send the draft application to you and make any minor changes you may require;
- arrange for you to sign the affidavit forming part of the application;
- file the application at the Court and provide you with a copy of the Grant once we receive it.
The above includes a reasonable allowance for correspondence and telephone calls.
Estate administration
We will give a quote or estimate of costs for administering an estate at a short consultation. We are happy to assist you with the whole or any part of the estate administration.
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Fixed prices
| Short consultation |
$99 |
| Grant of Probate* |
880 |
| Supreme Court filing fee |
190 |
| Total |
$1,169 |
| *Letters of Administration: $1,100 |
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Things you should know
What to bring to the consultation
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Photographic identity document (eg passport or drivers’ licence)
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Photocopies of any relevant documents (that you can leave with us) including print-outs of emails etc organised in chronological order – earliest date first.
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A list of all assets in the estate. Include real estate, motor vehicles, bank accounts, investments, business interests. Include the value of each asset.
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A list of all liabilities in the estate. Include mortgages, personal loans, credit cards, hire purchase and tax. Include the value of each liability.
Tips on how to get the best value out of our services
Visit doing business with us
How to find us
Initial consultations are held at our offices during business hours. Contact us for our street address, location map and details of parking arrangements. If necessary, we offer consultations after hours, at your premises or by telephone - additional charges apply.
Before the consultation
We will ask you to complete a capture sheet with your personal and business contact details and similar details for other parties involved in the matter. We need this information to maintain the integrity of our records protect you and the public generally against the possibility of fraud and to ensure that we do not have a conflict of interest that would preclude us from acting for you.
Additional services
The following services are not included in the fixed-price; however, if you require them, we welcome the opportunity to give you an estimate of charges at the short consultation:
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giving you written or detailed advice as to your legal position;
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making any enquiries to verify information supplied by you or any other person as to the assets, liabilities or resources of the estate or the values thereof;
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dealing with contested grants or caveats lodged at the Probate Registry;
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making substantial changes to the application;
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negotiating with any person who is asked to consent to the application;
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answering any requests for further information issued by the Court.
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Make an appointment
Arrange an appointment now:
- use our online booking request
- or telephone 9220 4434 (1800 018 845 freecall from regional Western Australia) during business hours. If you're not booking online, you could save time at the consultation by completing our Initial Consultation Form (PDF document) and bringing it with you to the consultation.
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It’s common for executors or administrators of an estate to require real estate transfers in accordance with a Will or otherwise.
Let us take care of it for you.
We offer a fixed price service for real estate transfers under Wills.
Visit - Real estate transfers
We offer fixed prices for real estate settlements.
Visit Real estate settlements.
Visit Challenging an unfair Will.