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.

Did your loved one die without a Will?

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 2 hours for the conference.

Plus court filing fee $370.

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

get started

$1,495

Easy, fast and convenient – we’ll prepare your probate application and you’ll sign it, all during one appointment with one of our expert probate lawyers.

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

Allow 45 minutes for the appointment.

Plus court filing fee $370

get started

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 $370.

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

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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

What is a Grant of Probate?

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.

How long does it take to receive the Grant?

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.

What do I need to bring to the consultation?

Please bring the documents and information listed on the relevant checklist.

What information is required about the estate's assets and liabilities?

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.

The executor named in the Will does not want to apply for Probate. Can I get a grant?

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.

I only have a copy of the Will. Can I get a Grant of Probate?

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.

Can I recoup my legal costs from the estate?

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.

Are there any additional charges?

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

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.

Michael Hodgkins

Legal Practitioner Director

Michael, a seasoned lawyer in Western Australia since 1997, specialises in succession and property law. Having served as a general legal practitioner for over 15 years, Michael represented clients in various matters, both in and out of court and……

Nigel Siegwart

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……

Lucy Dickens

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,……

Carolina Latumaliemna

Lawyer

Maya Pracy

Paralegal

Maya joined Birman & Ride in 2023 as part of the firm’s law cadetship program and acts as the first point of contact for many of our clients. She oversees new business enquiries through phone and email, for Probate,……

Sean McMurdo

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

Exceptional from the start, Michael’s excellence and professionalism are top tier – I wholeheartedly recommend him and Birman & Ride. Michael’s intellect, diligence, kindness, patience and fortitude are all just incredible – I am so grateful for him and his work. He made my time of devastating grief much more manageable to bear and always made me feel at ease. I felt so happy with him right away and have been consistently happy with everything. You have my utmost gratitude and sincerest appreciation – thank you, Michael.

Ms B, Estate administration

October 25, 2023

Michael Hodgkins of Birman and Ride provided exemplary professional advice. His expertise in this specialised area of practice was outstanding. Highly recommended.

September 26, 2023

Patient and helpful with challenging issues during a distressful time. Regular updates with the processes involved.

September 23, 2023

Dear Lucy Dickens, I sincerely thank you for your dedication and commitment to the letters of administration your work is truly commendable and I appreciate your contribution. once again, I would like to thank you for your hard work and dedication.

Mr D - complex overseas estate administration matter

September 27, 2023

Prompt and professional service from Randika which was much appreciated

Mr C, application for probate

June 19, 2023

We cannot recommend Birman & Ride highly enough. Nigel and his team helped us administer our mother’s estate with compassion, good humour and above all, professionalism. His advice was spot-on and he made what seemed a difficult job for us, a lot less stressful. Thank you very much.

Chris and Daphne

June 17, 2023

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Our friendly and experienced team will anticipate your needs and exceed your expectations.