Before you distribute assets and close the estate, take these important steps to protect yourself and make sure everything is done properly under Western Australian law.
Advertise for creditors
Under the Trustees Act 1962 (WA), you must advertise for creditors in a local newspaper and the WA Government Gazette.
The notice must follow the format set out in the Act and allow at least one month for creditors to come forward.
Why it matters: If you advertise correctly, you’re not liable for claims of which you don’t have notice.
Pass the estate accounts
The Non-Contentious Probate Rules 1967 (WA) require you to file the estate’s accounts and plan of distribution at the Supreme Court within 12 months of the grant.
Why it matters: Once the accounts are passed, section 43(2) of the Administration Act protects you from further responsibility for those accounts after three years.
Check for challenges to the Will
Certain family members can challenge a Will or intestacy laws if they’ve been left without adequate provision.
Challenges are usually made within six months of the grant, but the court can extend this deadline.
Tip: If you suspect a dispute or receive notice of a challenge, delay distribution and seek legal advice immediately.
Complete income tax obligations
You may need to lodge tax returns for the deceased up to the date of death and for any prior years. If the estate earns income above the tax-free threshold, apply for a tax file number and lodge estate tax returns for each financial year until the estate is finalised.
Why it matters: If you distribute assets without paying tax, you could be personally liable.
Handle superannuation and life insurance correctly
If superannuation or life insurance proceeds are paid into the estate, they generally shouldn’t be used to pay creditors.
Seek legal advice before making any decisions about these funds.
Need help?
Finalising an estate can be complex and mistakes can leave you personally liable. We can guide you through every step and help wrap up the estate smoothly and by law.
Before you close the estate, take a moment to protect yourself. The law gives executors powerful protections, but only if you use them. Before you call it done, book a consultation with us and we’ll confirm you’ve ticked all the boxes.
