It can be confusing when a loved one dies without a Will. Let us guide you through the process.
If a person dies without a Will their estate is governed by the laws of intestacy which set out how the estate will be divided among surviving family members. The first step is to obtain a Grant of Letters of Administration. This will give you authority to administer the estate.
The grant is just the start. You’ll then need to collect the assets, pay liabilities and distribute the estate according to the formula established by law.
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 help.
our services
How we can help you
Plus
$2,495
This package offers an application for Letters of Administration, 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 Letters of Administration by a beneficiary of the estate
- Preparing consent notices, as required
- Signing and witnessing your application
- Court filing and giving you the grant
- A conference with our experienced probate lawyers to give you personalised advice on how to administer the estate
- A customised step-by-step guide summarising our advice
Allow 2 hours for the conference.
Plus court filing fee $370.
Prefer us to handle everything for you? Find out more.
On the spot
$1,495
Easy, fast and convenient – we’ll prepare your application and you’ll sign it, all during one appointment with one of our expert probate lawyers.
This package includes:
- An application for Letters of Administration by a beneficiary of the estate
- Preparing consent notices, as required
- Signing and witnessing your application
- Court filing and giving you the grant
Allow 45 minutes for the appointment.
Plus court filing fee $370.
Guided DIY
$1,295
Unlike services offering document 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 Letters of Administration by a beneficiary of the estate
- 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 $370.
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.
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.
- The duties and tasks of an executor are clearly and simply explained.
- Helpful chapters cover every stage of the estate, from organising the funeral to making the final distributions of money and property.
FAQs
A Grant of Letters of Administration is a document issued by the Court authorising a person to administer the estate of person who died intestate (without leaving a valid Will).
The Grant authorises the person (known as the administrator) to administer the estate by collecting the assets, paying liabilities and distributing the estate in accordance with the laws of intestacy.
Any one or more of the adult beneficiaries of the estate (as set out in the Administration Act 1903 (WA)) can apply for a grant of Letters of Administration of an intestate estate.
The applicant must seek written consent from any adult beneficiary of the estate.
If there is no adult beneficiary who is able to apply, another person may be entitled. Book a consultation for advice about your specific circumstances.
In most cases we can prepare your application and arrange for you to sign it on the spot at your consultation. It will then take the Supreme Court of Western Australia 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 Letters of Administration 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.
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 prepared on the spot during your consultation. They don’t include the Supreme Court of Western Australia filing fee. 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
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
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Our friendly and experienced team can help you decide.
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