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Applying For Probate In Australia
If your loved one created a Will, you may need to apply for Probate. Generally the executor nominated in the Will applies for Probate to the Court.
How Do You Apply For Probate?
Probate is lodged with the Supreme Court of Western Australia.
The appropriate paperwork (which we prepare for you) and the original Will is lodged with the Court.
Probate takes around 4 to 8 weeks to be granted. The court will review the paperwork, and if accepted, it will usually post the grant of probate.
Who Applies for Probate?
The executor appointed under the Will applies for probate.
A Will can nominate a backup executor, who acts if the original executor can’t act or does not want to do it.
If an executor does not want to act, they simply sign a renunciation, and the back-up executor takes over.
A backup executor can apply for probate, however the court needs an explanation why the primary executor isn’t applying.
What is the Cost?
Contact us for a fixed price.
The Supreme Court will also charge a lodgement fee of $370.
Can Costs Be Recovered?
Yes, your out-of-pocket legal fees and Court lodgement fees need to reimbursed by the estate.
What Information is Needed?
For us to get started, we need the following:
- A summary of the main assets and debts as at the date of death.
- The original Will and any amendments to the Will, if made (called a codicil).
- The original death certificate.
- The current residential addresses of the witnesses to the Will. If you can’t find this, don’t worry, we can help you with this.
Not Sure What You Need?We Can Help
Our expert team at MKI Legal can assist you with any questions about your loved one’s Deceased estate or getting your legal affairs in order before you pass away.
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Frequently Asked Questions
We’re here to help you navigate through the loss of a loved one
Once the documents are lodged with the Court, it usually takes 3 to 6 weeks for the Court to review and approve your documents.
These time frames are estimates and there could be delays depending on how busy the court is and if the court has further questions (called requisitions).
Yes. Once you have approved the final version of the documents, we can post them to you (at no further charge).
Yes, once you get the grant documents (e.g probate or letters of administration), you have the right to be reimbursed for your out-of-pocket expenses such as our fees and the court filing fees.