In Western Australia the administration of deceased estates is dealt with by the Supreme Court. To deal with a deceased person’s estate you apply to the Court for a grant which provides an executor/administrator the power to deal with the estate property. Depending on your circumstances there are three types of grants:
- Probate;
- Letters of Administration (with will annexed); and
- Letters of Administration (no will or executor).
Probate
A grant of probate is commonly used where a person has passed away leaving a valid will that nominates a person as executor. If the court is satisfied with the application submitted, it may grant probate to the executor nominated.
Letters of Administration (with will annexed)
In circumstances where a person has passed away leaving a valid will that does not name an executor or where the only executor named in the will is not willing to apply for a grant of Probate, the court may provide a grant to another appropriate person (usually a beneficiary of the deceased’s estate).
Letters of Administration (no will or executor)
In circumstances where a person has passed away without leaving a valid will the court may provide a grant to an appropriate person (usually a beneficiary of the deceased’s estate).
This can be a complex area of the law and you may require the assistance. We recommend getting in contact with one of our wills and estates lawyers today for a free initial consultation to see how we can help guide you through the process.
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