There’s nothing in Western Australia that requires an executor to use a lawyer to help them with a deceased estate. Applying for probate yourself means preparing and swearing the application documents and then filing them at the Supreme Court.
If you aren’t sure which grant your estate needs, start with Do you need a grant? For what probate is and what a grant does, see What is probate in Western Australia?
When can you apply?
You can apply at any time after 14 days from the date of death.
What documents does the application need?
The application is a set of documents rather than a single form, so each one has to be right before the Registrar will let the grant issue. In broad terms you will need:
- the original Will, if there is one, together with any codicil;
- the original death certificate issued by the Registry of Births, Deaths and Marriages;
- a motion, which is the formal request to the Court;
- an affidavit by the person applying, being a sworn written statement, signed in front of an authorised witness; and
- a statement of the assets and liabilities of the estate.
If the original Will can’t be found, the application changes shape entirely. See I can’t find the original Will. What next? The Court also charges a filing fee, which is set out in What does probate cost in Western Australia?
What is the statement of assets and liabilities?
The statement of assets and liabilities is a sworn list of everything the deceased owned and owed at the date of death, valued as at that date. It is the part of the application that takes the longest, because you can’t fill it in from memory.
Every bank has to give you the balance as at the date of death rather than today’s balance. Shares need a value at that date. Land needs a description taken from the certificate of title. Superannuation may not form part of the estate at all, so it needs handling separately before it goes on the list or comes off it.
What is a requisition?
A requisition is the document the Court sends you if the Registrar is not satisfied with something in your application. The Registrar will not allow a grant to issue until all inquiries that he may see fit to make have been answered to his satisfaction.
Answering a requisition usually means preparing and swearing a further affidavit dealing with whatever the Registrar has raised. The Court will not give you legal advice or assist you with this and you cannot contact the Registrar for assistance.
How long does the Court take?
The Court publishes an aim rather than a turnaround time. In its own words, “The Court aims to process applications within four weeks of receiving applications although complex applications may take longer and the process may be delayed from time-to-time.” In our experience, most applications are issued within six to eight weeks.
A requisition adds to whatever the period turns out to be, because the clock effectively restarts once the further affidavit is filed. See How to apply for probate in Western Australia.
Frequently asked questions
Can you apply for probate before 14 days have passed?
No. The Rules set 14 days from the date of death as the earliest an application can be made.
Does the Court check the application before the grant issues?
Yes. The Registrar will not allow a grant to issue until all inquiries the Registrar sees fit to make have been answered satisfactorily.
Can the Registry explain a requisition to you?
No. The Court’s published position is that you cannot speak to the Registrar about the requisition and that Registry staff cannot give you advice as to the meaning of one.
Talk to us about your application
We prepare probate and Letters of Administration applications for Western Australian estates. Our fixed prices are published, so you know what it costs before we start. Call the probate team on (08) 9220 4490 or see our Grant of Probate page and our Letters of Administration page.
Related: How to apply for probate in Western Australia
This article is general information about the law in Western Australia and is not legal advice. Your circumstances may change the answer, so please get advice on your own situation.
