Probate – Your Questions Answered

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Blog post by Michaela Speering and Sarah Nicholls

probate

Probate – Your Questions Answered, Probate is the process of proving a deceased person’s Will. In Western Australia, the Probate Registry of the Supreme Court of Western Australia has the power to issue Grants of Probate.

If you have been appointed as an Executor in a Will, you may need to apply for a Grant of Probate. The Grant gives the Executor (or Executors) the authority to deal with the assets of the deceased person’s estate.

 

When is Probate required?

Probate is usually required where:

  • There are assets in the deceased person’s sole name (for example bank accounts, shares, a motor vehicle);
  • The deceased holds real estate in his or her sole name, or part of land as tenants in common; or
  • The deceased has superannuation and the superannuation trustee requires a Grant of Probate.

Landgate (the Titles Office), banks, share registries, and other financial institutions may require an Executor to obtain Probate before they permit any dealings with estate property.

How do I apply for Probate?

You will need:

  • The deceased person’s Will;
  • The death certificate; and
  • Full details of their assets and liabilities and a value for each as at the date of death.

To apply an Executor must make an application to the Probate Office of the Supreme Court of Western Australia. The application involves swearing an Affidavit which sets out evidence about the deceased person’s death, the Will and includes a statement of assets and liabilities of the estate.

There are strict requirements for an application for Probate. Probate – Your Questions Answered
Contact the family lawyers at Culshaw Miller in Perth today for more information.

Perth: (08) 9488 1300 or email