There are two stages to applying for Probate in WA. First you work out what the deceased owned and owed (assets and liabilities) and prepare the application. Once filed, the Supreme Court will issue a Grant, which is the order giving the executor authority to deal with the deceased’s assets, within six to eight weeks of the application being lodged. Administering the estate afterwards, meaning collecting those assets in and paying out what’s left, usually runs to somewhere between six and twelve months.
How long does the Court take?
The Supreme Court of Western Australia publishes that it “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 an application usually takes around six to eight weeks to issue.
What happens before you lodge
You can’t lodge immediately. An application for a grant can only be made once 14 days have passed since the death.
In practice the 14 days rarely holds anything up, because the documents take longer than that. You need the death certificate, which is issued after the funeral and usually arrives two to three weeks after the death. You also need the original Will and details about the deceased’s assets and liabilities at the date of death, which means writing to every bank, super fund, share registry and insurer and waiting for them to answer.
Most executors are four to six weeks from the date of death before the application is ready to lodge.
What takes the longest
The application for a grant is relatively fast, it’s the administration of the estate thereafter that may take time. The common causes:
Real estate. Selling a house adds however long the sale takes and the transfer can’t be lodged at Landgate, the WA land titles registry, until the grant issues. See Understanding estate property transfers.
Superannuation. A death benefit is paid at the trustee’s discretion unless the deceased left a binding nomination telling the fund who to pay. A fund can take months to decide.
Tax. If the deceased hadn’t lodged returns, the estate can’t safely distribute until the position is known and tax returns are lodged and assessed.
A claim. Someone who was left out of the Will can ask the Court to order that they be paid something out of the estate, known as a family provision claim. An executor who distributes without dealing with that risk can be personally exposed. See How executors protect themselves from claims.
A missing beneficiary or one who won’t respond.
A realistic timetable
| Stage | Typical time |
|---|---|
| Death certificate issued | 2 to 3 weeks after the funeral |
| Asset and liability searches | 3 to 6 weeks |
| Application prepared and lodged | earliest is 14 days after the death |
| Grant issues | Court aims for 4 weeks, we usually see 6 to 8 |
| Assets collected in | 1 to 3 months after the grant |
| Distribution | commonly 6 to 12 months from the death |
Why executors often wait six months before distributing
Someone close to the deceased who was left out of the Will or left less than they needed can ask the Court to order that they be paid something out of the estate. This is known as a family provision claim. An eligible person has 6 months to bring one, running from the date of the grant. Diligent executors will wait out that period before making any distribution from the estate.
Frequently asked questions
Can probate be done faster in an urgent case?
Sometimes. If there’s a genuine urgency, for example a settlement date on a property the deceased was selling, the Court can be asked to expedite the application or to make a limited grant, which is a grant covering only the one asset that can’t wait. It needs a compelling reason and that reason must be raised when the application is lodged.
Does an estate with no Will take longer?
Sometimes. An application for Letters of Administration, which is the grant you apply for if there’s no Will, needs the consents of other people entitled to apply and those can take time to prepare and gather. See What is Letters of Administration?
How long is the executor’s job, all up?
Most straightforward estates finish six to twelve months after the death. An estate with a house, a business, a trust or a dispute in it runs longer and the executor stays in office until the last asset is distributed.
Can beneficiaries make it go faster?
Not directly, though they can slow it down. An executor who has to chase consents or answer weekly enquiries has less time to spend on the estate. Agreeing at the start how often you’ll update everyone saves time on both sides.
Where we can help
We prepare the application and lodge it at the Court. 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.
Related: What does probate cost in Western Australia?
This article is general information and not legal advice. The timeframes above are our experience of Western Australian estates and every estate is different.
