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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.

How we can help

The information on this page is designed to assist executors and others dealing with deceased estates.

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:

• obtaining a grant of probate; and
• real estate transfers and settlements as part of a deceased estate.

We offer an 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.

Who takes charge?

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.

If there is no Will a family member generally manages the estate. It is generally prudent to apply to the Supreme Court for a grant of Letters of Administration (see further below). It may take some weeks to obtain Letters of Administration. In the meantime the funeral must be conducted and other matters attended to (eg. 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.

Are we holding the Will?

You may retrieve a Will of which you are the executor from our safe custody facility. For collections in person we require photo identification, a copy of the death certificate and written authority from any executor who does not attend our office. For collections by mail we require a request signed by all executors including a copy of your death certificate, a return address and payment of an administration charge of $30. In these circumstances we welcome the opportunity to discuss the administration of the estate with you and offer you any assistance you may require at an initial consultation.

Things to do promptly

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 do not expect payment 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.

What is a Grant of Probate?

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.

What if there is no Will?

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.

When is Probate or Letters of Administration required?

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.

Real estate transfers

Assets which the deceased owned as a joint tenant with others do not form part of the estate. Such assets pass to the surviving joint owners. Married couples often own family homes, bank accounts and investments as joint tenants.

To become the sole registered proprietor of real estate a surviving joint tenant must lodge a survivorship application at Landgate (formerly the Department of Land Administration). The application must include the death certificate and a statutory declaration may also be required. Contrary to popular belief there is no need to lodge a survivorship application immediately upon the death of a joint tenant. The application can just as easily be done at the time of disposal of the property, whether by sale or upon the death of the last surviving joint owner.

Assets which the deceased owned as a sole owner or as tenants in common with others do form part of the estate and must be sold or transferred according to the directions in the Will. There are two steps involved here:

• firstly, the property must be transferred into the name of the executor or administrator of the estate - known as a transmission application; and
• then the property can be transferred to the beneficiary or beneficiaries named in the Will or, in the case of a sale, to the purchaser.

Administering the estate

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.

Charges

Grant of Probate

We offer a fixed price service for grants of probate where the matter is non-contentious and the Will is properly drafted and signed.

Initial consultation	$99
Probate – fixed price	$880
Court filing fee	$189.50

Letters of Administration

We will give you an obligation-free quote or estimate at an initial consultation.

Estate administration

We will give you an obligation-free quote or estimate at an initial consultation.

Real estate transfers

We offer a fixed price service for real estate transfers arising from a deceased estate on the proviso that the property is unencumbered. Fees are per certificate of title. Disbursements include search fees, registration fees and stamp duty where applicable.

Application	Fee	Disbursements
Survivorship	$275	$110
Transmission	$275	$110
Transfer pursuant to a Will	$110	$130

Real estate settlements

Visit Real estate settlements page.

Challenging an unfair Will

Visit Challenging an unfair Will page.