Here’s a general overview of the steps involved in the probate application process in Perth:

• Gather Required Documents: The first step is to gather all the necessary documents, including the original will (if one exists), the death certificate, and a list of assets and liabilities of the deceased’s estate.
• Talk to a Solicitor: While it’s possible to handle the probate application process yourself, it’s highly advisable to engage a solicitor experienced in probate matters. They can guide you through the process, ensure all legal requirements are met, and make the process smoother and less stressful.
• Prepare the Application: Your solicitor will prepare the probate application on your behalf. The application will include information about the deceased, details of the will, and a list of assets and debts. The application will also include an affidavit that supports the application and confirms the accuracy of the information provided.
• File the Application: The completed probate application, along with the necessary supporting documents, must be filed with the Supreme Court of Western Australia.
• Publish a Notice: In some cases, the Supreme Court may require you to publish a notice of your intention to apply for probate in a newspaper or the Western Australian Government Gazette. This notice is to allow any interested parties to come forward if they have concerns about the will.
• Court Processing: After the application is lodged, it will be reviewed by a Registrar of the Court to ensure it meets all legal requirements.
• Grant of Probate: If the court is satisfied with the application, a Grant of Probate will be issued. This document confirms the validity of the will and grants the executor(s) the authority to administer the estate according to the terms of the will.
• Estate Administration: Once the Grant of Probate is obtained, the executor(s) can begin the process of administering the estate. This includes collecting and managing assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries as per the will’s instructions.
• Completion of Probate: Once the estate has been fully administered and all beneficiaries have received their entitlements, the probate process is considered complete.

It’s important to note that each probate application can vary based on the complexity of the estate and any unique circumstances. Our team at Barnard Lawyers can help ensure that the process is carried out correctly and efficiently.

This article is for general information only and is
not legal advice. Should you wish to discuss this further please call us now
086114-5920 or email info@barnardlawyers.com.au