By | 2018-03-11
What is The Process to Obtain a Grant of Probate?

The process for obtaining a grant of Probate in Western Australia involves the following 6 steps: Obtaining the original death certificate; Obtaining the original Will; Determining the location and value of the assets and liabilities of the estate (and there must be some assets in WA); Preparing the Court documents for the application; Lodging the application with the Supreme Court; and Responding to any requisition notices from the Court. In WA, steps 1-3 are all matters which should be completed before contemplating the preparation of the WA Supreme Court documents for the grant of Probate application. Provided that the deceased person left some assets in WA, then the WA Supreme Court may grant Probate in relation to the Will. Steps 4 and 5 should be undertaken by a lawyer with experience in Probate applications to ensure that the application is made in compliance with the requirements of the Non-contentious Probate Rules 1967, the Rules of the Supreme Court 1971 and the general practice of the Court. The Probate Application which is lodged with the Court generally contains: The Motion; An affidavit from the executor(s); A statement of the assets and liabilities of the deceased as at the date of death; The original Will; and A signed copy and the original death certificate. There are many circumstances where additional documents or affidavits may be required. A common issue is where the named executor in the Will predeceased the testator or testatrix. It is also not uncommon for the testator or testatrix to misspell the names of beneficiaries in the Will. In relation to Step 6, if there are any matters which have not been dealt with to the satisfaction of the Court, the Court will send a requisition notice seeking further information before a grant of Probate can be made. What to do if you need assistance with a Grant of Probate or Letters of Administration? The experienced team of Robson Hayes Legal can prepare the Court documents necessary for a Grant of Probate or Letters of Administration. Call Robson Hayes Legal on (08) 6181 0790 or email us at contactus@probatewa.lawyer to discuss your probate and deceased estate issues.

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