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Probate on the spot

Probate on the spot

You’ve recently lost a loved one and, at this difficult time, you’re faced with a stack of paperwork and jobs to do.

If you’re named as the executor of a Will, your first step is to obtain a Grant of Probate of the Will. But that’s just the start. Once you have a grant you will then need to collect the assets, pay liabilities and distribute the estate according to the terms of the Will. This is no small feat and can be overwhelming if you’ve never done it before. 

From getting the grant to administering the whole estate, our experienced team can make it easy for you.

If a person dies without a Will their estate is governed by the laws of intestacy. 

The first step is to obtain a Grant of Letters of Administration.
You’ll then need to collect the assets, pay liabilities and distribute the estate according to the formula established by law.

» Find out how we can help

our services

How we can help you

From getting the grant to administering the whole estate, our team can offer as much help as you need.

Probate Plus

$2,495

This package offers an application for Probate, personalised advice on how to administer the estate from our expert probate lawyers and a customised step-by-step guide to explain exactly what to do next.

This package includes:

  • An application for Probate by an executor named in the Will
  • Preparing consent notices, as required
  • Signing and witnessing your application
  • Court filing and giving you the grant
  • A conference with our expert probate lawyers to give you personalised advice on how to administer the estate
  • A customised step-by-step guide summarising our advice

Allow 60 minutes for the conference.

Plus court filing fee $408.

Prefer us to handle everything for you? Find out more.

Guided DIY

$1,195

Unlike services offering kits or templates, our expert probate lawyers will prepare your application and send it to you to sign. Get started any time using our online form.

This package includes:

  • An application for probate by an executor named in the Will
  • Preparing consent notices, as required
  • 15 minute telephone call with our experienced team
  • Instructions for you to sign and file your application at the Court

The Court will charge you a filing fee of $408.

This service is not suitable for complex applications or for applicants who are outside of Western Australia.

Do you need a Grant of Probate or Letters of Administration?

A Grant gives you authority to collect the assets and administer the estate. 

Does the estate include real estate?
Real estate means any interest in land - e.g. a home or investment property. If you are unsure, ask us to carry out a Landgate search.
Is the real estate owned as a joint tenant with another person?
Joint tenants is a type of joint ownership common between married couples and de facto partners. If you are unsure, ask us to carry out a Landgate search.
Does the estate include a financial asset valued at more than $20,000?
Are the financial assets owned jointly with another person?
Did the deceased leave a Will? *
Do any of the following circumstances apply?
  • You are unsure whether the Will was properly signed
  • You are not certain that the deceased was of full mental capacity when the Will was signed
  • You are unsure whether the Will is the last Will of the deceased or there is any evidence the deceased wished to revoke the Will
  • The Will is vague or unclear
  • There is any possibility of a dispute arising
  • Any beneficiary (a person entitled to distribution of the estate) is a minor
You will need a Grant of Probate to administer the estate.

We offer fixed price Probate applications.

You will need a Grant of Letters of Administration to administer the estate.

We offer fixed price applications.

It is unlikley that you need a Grant to administer the estate.

If you are unsure or would like legal advice, please contact us to book an estate administration consultation.

Our process

Contact our team on  (08) 9220 4490 or email .

To help you choose which service is right for you, we’ll need:

  • your full name;
  • the full name of the deceased person;
  • let us know which service you need, or if you’re unsure, please send us a brief summary of the circumstances.

Legal guide

Need help with an estate?

Our plain-English legal guide has comprehensive and practical advice to help you to take charge and finalise the estate.

FAQs

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. It gives the executor authority to collect the assets and administer the estate according to the terms of the Will.
The Supreme Court of Western Australia will take 6 – 8 weeks to review your application and issue a Grant.
Please bring the documents and information listed on the relevant checklist.
An applicant for a grant of Probate must provide a statement of the deceased’s assets and liabilities as at the date of their death. The statement must include all real estate in Western Australia and all movable property and debts, whether in Western Australia or elsewhere. Any property the deceased owned as a joint tenant with another person who survived them does not form part of their estate, rather it passes to the surviving joint tenant by survivorship. Download our checklist to help you collate the information you need.
If the executor renounces their right to obtain a Grant of Probate, the substitute executor named in the Will is entitled to make an application. If there is no substitute executor, one or more of the beneficiaries of the estate may make an application for Letters of Administration with the Will annexed.
If you are unable to find the original Will, you will need to produce evidence to satisfy the Court that the Willmaker did not destroy the Will with the intention to revoke it. Book a consultation to get started.
As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.
Our advertised fees are for straightforward applications. They don’t include the Supreme Court of Western Australia filing fee which is $408. If your application is not straightforward or if you require additional legal advice or assistance we will give you a quote for our services. For full terms see our Product Disclosure Statement.

Why choose us

We provide great service at competitive prices.
01.
We make it easy for you

We offer practical guidance at every step.  Read what our clients say.

02.
Share the burden

Let us take over the administrative work so you don’t have to worry.

03.
Industry experts

We’ve helped hundreds of people administer estates, both large and small.

We're happy to help

Unsure which service is right for you?

Our friendly and experienced team can help you decide.

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Meet our team

We’re a tight-knit, multi-disciplinary team of lawyers, legal executives, accountants and software developers.  We’re also passionate community leaders, sportspeople, podcasters, musicians, parents… and proud that these interests inform our professional lives.
Legal Practitioner Director
Michael is an experienced succession and property lawyer and has served the Western Australian community as a legal practitioner for over 27 years at Curae Law.  Michael has represented clients, both in and out of court, in matters spanning……
Legal Practitioner Director
Nigel leads the firm’s litigation and dispute resolution team and has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims, contractual and construction disputes, trust and property matters. Nigel has an instinctive ability……
Legal Practitioner Director
Lucy leads our non-contentious Wills and estates team to provide easy to understand succession and estate administration advice. As well as practising law, she brings together people, technology and processes to design and deliver our innovative legal services. Lucy,……
Lawyer
Sean is a dedicated lawyer within the wills and probate team, specialising in guiding individuals through the intricacies of legal matters such as wills, powers of attorney, and powers of guardianship. In the realm of estate planning, Sean offers……
Testimonials

What our clients say

Dear Michael, how surprising to reconnect like this after so many years. Just goes to show God’s timing, and sense of humour. Thank you for all your help.
Estate beneficiaries
November 12, 2024
Michael, I just wanted to thank you for all the assistance and guidance you provided for me in relation to [the deceased’s] estate. If the opportunity arises, I will certainly recommend Curae Law. Thank you again.
Deceased Estates Client
November 12, 2024
Thank you so much! Was great to meet with you and thank you for making the process so smooth.  
Ms D - Deceased Estates Client
November 7, 2024
Thank you for your assistance with this issue. It is a great relief. I am glad that it [is] over. Thanks for everything.
Ms D (Deceased Estate Dispute Client)
October 31, 2024
Thanks again for your professionalism and making this difficult issue as smooth as possible.
Mr D (Deceased Estate Client)
October 14, 2024
Sean has provided so much information about a very complex matter. He has set everything in place so that the long process of probate can be started. His proficiency and courteous demeaner are to be commended. Sean is a reliable and capable asset to Curae Law. Thank you, Sean, for your accomplishments to date.
October 12, 2024
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Our plain-English guide How to manage a deceased estate has practical advice to help you to take charge and finalise the estate.