Probate is the process of proving the validity of a Will to the Supreme Court of Western Australia.
Do You Need a Grant of Probate?
You may require a grant of probate if:
- The deceased held bank accounts solely in their name with a balance of over approximately $50,000 (the threshold may vary with different financial institutions).
- The deceased owned real estate as tenants in common with another party or in their sole name.
- The deceased owned shares with a market value of more than $10,000.
- The deceased’s superannuation entitlements or life insurance are payable to their estate.
It is advisable to apply for probate in any case where there are doubts about the validity of the Will. A grant of probate is not necessary when assets are owned by the deceased as a joint tenant with another surviving party.
Please note, you can only apply for a grant of probate in Western Australia if the deceased owned assets within the state. If not, you will need to apply for a grant in the jurisdiction where the majority of the deceased’s assets were held.
Who Can Apply for Probate?
An application for probate must be made by the executor named in the Will. If the executor does not wish to apply, a beneficiary can make an application for Letters of Administration with the Will annexed.
If the deceased did not have a valid Will, an application for Letters of Administration should be made.
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.