How to apply for letters of administration in Western Australia
In Western Australia, you apply for letters of administration at the Supreme Court of WA Probate Office when a person dies intestate, or where no executor is able to act. The application is governed by the Administration Act 1903 (WA) and the Non-contentious Probate Rules 1967 (WA).
The framework
Letters of administration in WA are governed by the Administration Act 1903 (WA) and the Non-contentious Probate Rules 1967 (WA). The intestacy rules are in sections 14-16 of the Administration Act 1903.
The process
Confirm no valid will exists
Conduct a thorough search including home, solicitors, Public Trustee of WA, and safety deposit boxes. Only apply for letters of administration if there is no valid will.
Determine your entitlement to apply
Under the Non-contentious Probate Rules 1967 (WA), priority is usually spouse/de facto first, then children, then other next of kin. Only a person with a beneficial interest in the estate can apply.
Obtain the death certificate
Order a certified copy of the death certificate from the WA Registry of Births, Deaths and Marriages.
Advertise notice of intention
Publish a notice of intention to apply for letters of administration in an approved WA publication (commonly the West Australian or a Supreme Court online service). A 14-day notice period applies before filing.
Identify assets and liabilities
Prepare a complete inventory of the deceased's assets and liabilities at date of death, with supporting valuations. WA requires an itemised Statement of Assets and Liabilities.
Draft the application documents
Prepare the application for letters of administration and affidavit of applicant in accordance with the Non-contentious Probate Rules 1967 (WA). An administration bond may be required in certain cases.
File at the Supreme Court Probate Office
Lodge the application at the Supreme Court of WA Probate Office in Perth and pay the filing fee. Filing can be done in person or by post.
Deal with requisitions
The Probate Registrar may issue requisitions for clarification or further evidence. Respond promptly to avoid delay.
Receive the grant
Once approved, the Supreme Court issues letters of administration. The grant gives the administrator legal authority to deal with the estate.
Administer the estate
Collect assets, pay debts and liabilities, lodge final tax returns, and distribute the residue per the intestacy rules in sections 14-16 of the Administration Act 1903 (WA). Keep full records.
Forms and templates
- Application for Letters of Administration
- Affidavit of Applicant and Statement of Assets and Liabilities
Common mistakes
- Filing before the 14-day notice period expires
- Incorrect or incomplete Statement of Assets and Liabilities
- Applying out of priority under the Non-contentious Probate Rules
- Distributing the estate before the 6-month Family Provision Act 1972 (WA) window
- Missing administration bond requirement
Get this process right with Quillio
Quillio can help prepare the applicant's affidavit, statement of assets and liabilities, and respond to registrar requisitions. See /practice-areas/wills-estates or start a free trial.
This guide is general information, not legal advice. Complex or contested estates should be referred to a specialist succession lawyer.
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