Probate - A Step-by-Step Guide
Losing a loved one is a difficult and emotional experience, and the process of settling their estate can be complex and time-consuming. If you are the proposed executor of a will in Western Australia, you may be required to apply for probate in order to distribute the deceased’s assets according to their wishes.
Probate is the legal process of proving the validity of a will and allowing the assets of the deceased to be distributed according to the terms of the will. In this article, we will provide a step-by-step guide to help you navigate the probate process in Western Australia, with a focus on the services offered by Appius Lawyers in Perth.
- Step 1: Obtain the Will
The first step in applying for probate is to obtain the will. If the deceased left a will, you should be able to find it with their personal papers or you can contact their solicitor/accountant or the Public Trustees.
- Step 2: Determine if You Need a Grant of Probate
Not every estate requires a grant of probate in Western Australia. However, if the deceased left a will, you will typically need a grant of probate to distribute their assets.
- Step 3: Gather the Necessary Documents
You will need to gather various documents to support your probate application, including the death certificate and any relevant financial statements.
- Step 4: Complete the motion and supporting affidavit
It is important to complete the motion and affidavit in support accurately and completely to avoid any delays in the process.
- Step 5: Lodge the Probate Application
Once you have completed the motion and supporting affidavit, gathered all necessary supporting documents, you will need to lodge your application with the Probate Division of Supreme Court of Western Australia.
- Step 6: Pay the Probate Fee
There is a fee for applying for probate in Western Australia, which can be paid when you lodge your application.
- Step 7: Wait for a Decision
The Court will review your probate application and make a decision. This process can take several weeks, so it is important to be patient and wait for a decision before distributing the assets of the estate.
Appius Lawyers: Probate Law in Western Australia
Appius Lawyers in Perth is a full-service law firm dealing in probate law in Western Australia. Our solicitors can assist you in every step of the probate process, from obtaining the will to lodging the probate application and distributing the assets of the estate.
We understand that the probate process can be overwhelming and emotional, which is why we are here to guide you through the process with compassion and professionalism. If you need assistance with probate in Western Australia, contact Appius Lawyers today to schedule a consultation.
Conclusion
Applying for probate in Western Australia can be a complex and time-consuming process, but with the help of experienced solicitors like those at Appius Lawyers, you can ensure a smooth and stress-free experience. Whether you are the executor of a will or a beneficiary of an estate, our team is here to assist you every step of the way.